Same Sex Parent Adoption Post DOMA

Will same sex married couples in Massachusetts still need to file an adoption petition even though both parents are on the original birth certificate?  How risk adverse are the parents?  The Supreme Court today did not strike down Section 2 of DOMA, which  allows States to refuse to recognize same-sex marriages performed under the laws of other States. See 28 U. S. C. §1738C.  Therefore, if you are named in your child's birth certificate because you were married in Massachusetts at the time of birth, there is still no prohibition against other states determining that since your parentage was based on a marriage status that it does not recognize,  it will not recognize your status as a parent. Or, what if you divorce and the biological parent moves to a state that does not recognize same sex marriage and tries to revoke the rights of the non-biological parent.  Remote?  Sure it is.  We will see how this plays out.  Co-parents contemplating travel or a move to a state that does not recognize gay marriage - beware!  Call Glickman Turley at 617.399.7770 for more information or to start your co-parent adoption petition.

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 Marriage and Adoption in the News

Russia appears poised to expressly deny adoptions of Russian children by same-sex foreign couples.  The measure is in a parliamentary committee, and has the support of President Vladimir Putin.  All Americans, regardless of sexualorientation, are barred from adoption in Russia, a 2012 retaliatory gesture after the US imposed sanctions on Russia for human rights abuses.

France and New Zealand passed same-sex marriage measures this week, as well as the Senate of the US state of Rhode Island, where final approval is imminent.  Rhode Island will mark the 10^th US state to approve marriage equality, and the last of all six New England states. 

While same-sex couples can enjoy certain rights in ten US states and the District of Columbia, there still remain inequalities at the federal level.  LGBT advocates in the US are anticipating a ruling on two cases before the US Supreme Court (Hollingsworth v. Perry and Windsor v. United States) which are direct challenges to the Defense of Marriage Act (DOMA.)

Should DOMA be overturned, Glickman Turley looks forward to assisting bi-national same-sex married couples in negotiating equal access to immigration laws.  We also look forward to the day when our services for same-sex, co-parent adoption are no longer necessary.

DOMA Ruling and Green Cards for Same-Sex Couples

The Supreme Court heard arguments today challenging the constitutionality of the Defense of Marriage Act (DOMA), which defines marriage as between one man and one woman.  The case, called United States v. Windsor, challenged whether Congress can pass laws that treat married same-sex couples differently than opposite-sex couples. Ordinarily, it is up to the states to decide who it will allow to marry and how.  In the arguments today, even Justice Kennedy (typically regarded as the swing vote) expressed concern that DOMA was stepping on states’ powers.

While the case doesn’t address the constitutionality of gay marriage itself, a ruling in favor of DOMA's opponents could have a significant impact on federal benefits available to gay couples, including the right to remain in the country through a green card.  Under current immigration law, heterosexual married couples may sponsor their immigrant spouse to get a green card.  DOMA prevents same-sex married couples from doing the same, even though they were legally married in a state that recognizes gay marriage. 

Although the current administration opposes DOMA on the grounds that it violates the equal protection clause of the Constitution, there still are no concrete protections in place for same-sex couples.  Last fall, the Department of Homeland Security Secretary Janet Napolitano announced that the department would recognize gay spouses as being the same as heterosexual spouses when deciding whether to deport someone.   But this did not go far enough.  Many same-sex couples remain in limbo, unable to travel or visit family if undocumented, or maintaining a life and relationship on time-limited tourist visas.

If the Supreme Court finds DOMA unconstitutional, it is likely that same-sex married couples will be immediately able to petition for all federal benefits, including immigration status.  For more information, check out this New York Times article and links to a transcript and recording of the oral arguments here.

State Records Show Romney Against New Birth Certificates for Gay Parents

The Boston Globe reported that Massachusetts state records revealed that former Governor Mitt Romney opposed efforts by the Registry of Vital Records and Statistics to revise birth certificate forms for same-sex parents. The Registry of Vital Records made efforts to comply with Massachusetts's 2003 legalization of gay marriage law, but Governor Romney rejected the Registry's efforts because, he said , "The children of America have the right to have a father and a mother...What should be the ideal for raising a child? Not a village, not 'parent A' and 'parent B,' but a mother and a father." 

The Registry's plan would allow the box labeled for "father" to be labeled as "father or second parent." Instead, Romney forced the Registry to obtain approval from his legal staff after "individually review[ing] the circumstances of every birth to same-sex parents." Once approval was obtained, "hospital officials and town clerks across the state [were] permited to cross out by hand the word 'father' on individual birth certificates, and then write in 'second parent,' in ink." Handwritten corrections on birth certificates was a violation of existing law. 

It was only after Governor Deval Patrick assumed office that the appropriate changes were made to revise the birth certificate forms acknowledging children of same-sex marriages. 

Click here to read the story. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

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.    

2nd Circuit Federal Appeals Court Strikes Down DOMA

The 2nd U.S. Circuit Court of Appeals in New York held that the Defense of Marriage Act (DOMA) is unconstitutional. The federal appeals court issued the 2-1 ruling, holding that "classification of same-sex spouses was not substantially related to an important government interest" and violated the Equal Protection clause of the U.S. Constitution. The U.S. Supreme Court is expected to hear the case next year. 

Click here for more information. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

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.    

SJC Ruling: Domestic Partnership Equivalent of Marriage in Mass.

The Massachusetts Supreme Judicial Court (SJC) ruled that a California registered same-sex domestic partnership (RDP) is the equivalent of marriage in Massachusetts in Hunter v. Rose. Hunter and Rose each bore a child during their partnership and under Massachusetts law, "children born into a legal spousal relationship are presumed to be the children of both spouses. Moreover, any child born as a result of artificial insemination with spousal consent is considered to be the child of the consenting spouse." Since parties to RDPs have identical responsibilities and rights as those to marriage, the lower court did not err in awarding physical custody and attorney's fees to Hunter. Click here to read the opinion. 

For representation, please contact Glickman Turley LLP at 617-399-7770. 

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.  

Appeals Court Rules on Prop. 8 in California

The Ninth U.S. Circuit Court of Appeals upheld its decision that Proposition 8, the law banning same-sex marriage in California, violates due process and equal protection.

The decision today stated, "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California," and "The constitution simply does not allow for laws of this sort."

Supporters of the same-sex marriage ban have vowed to appeal to the U.S. Supreme Court. The U.S. Supreme Court could agree to hear the case when its session begins in October 2012. 

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.  

DOMA is Unconstitutional, Says 1st Circuit Court of Appeals in Boston

The 1st Circuit Court of Appeals in Boston ruled that the Defense of Marriage Act (DOMA) is unconstitutional. DOMA is a federal law enacted in 1996 that defines marriage as the legal union between one man and one woman. The 1st Circuit Court of Appeals held that "a law that denies a host of federal benefits to gay married couples" is discriminatory, according to The Boston Globe.

President Obama announced in 2011 that the U.S. Department of Justice (DOJ) would not defend DOMA and whether it is constitutional in court. House Speak John Boehner led an effort to organize the Bipartisan Legal Advisory Group to defend DOMA in place of the DOJ.

For more on this breaking 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.  

Massachusetts Marks Eighth Anniversary of Goodridge case

Massachusetts became the first state to legalize same-sex marriage eight years ago in the historic case Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003). MassEquality, a group that promotes marriage equality and the protection of LGBT rights, said 18,462 same-sex marriages have taken place in Massachusetts since May 17, 2004. 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. 

Rhode Island Gov. Announces Recognition of Out-of-State Same-Sex Marriages

CBS News reports that Governor Lincoln Chafee announced that Rhode Island will recognize out-of-state same-sex marriages, signing an executive order on Monday in a ceremony at the State House in Providence. Gay marriage is currently illegal in Rhode Island, but civil unions are allowed. The executive order paves the way for gay couples to be afforded the same legal rights as enjoyed by heterosexual couples. Gov. Chafee does not expect gay marriage to pass in the Rhode Island legislative session, but expressed that President Obama's announcement that he supports gay marriage is "positive momentum".

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.

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.