Same-Sex Marriage Is In State Courts Across The Country

Over the past few months and especially over the past few weeks states across the nation have seen a great deal of action and activity with regard to the legalization of same-sex marriage. Since the United States Supreme Court decided United States v. Windsor 570 U.S. 13 (2013) many states have seen action taken by either their legislatures or their judiciaries to legalize same-sex marriage. In addition to this, some federal judges are in the process of moving numerous other states in this very same direction. There are currently approximately 70 marriage equality cases being considered throughout judicial systems in the United States and more district court judges may issue their own opinions which could change the laws in other states just like Judge Mary Jacobson in Mercer County Superior Court did in Garden State Equality v. Dow in September of 2013 to allow gay and lesbian couples in New Jersey to marry. Since that time many other states have followed suit. Just this week, the same-sex marriage ban which was incorporated into Oregon's state constitution was overturned by U.S. District Judge Michael McShane, and although an appeal to this decision has already been filed, Oregon state officials have not indicated that they will not move to disturb Judge McShane's ruling. In addition, this week also saw Pennsylvania's gay marriage ban struck down by U.S. District Judge John E. Jones. The Pennsylvania state Attorney General immediately announced that she would not be challenging the ruling and the state's governor, Tom Corbett, has already stated that he would not appeal the decision because such an appeal would be extremely unlikely to succeed. Assuming this trend continues, homosexual individuals will be permitted to legally marry in the majority of the U.S. states within a few years. As marriage equality continues to spread across the nation it is very important that LGBT couples who decide to obtain a legal marriage license understand the rights, benefits, and privileges that their legal union bestows upon them based on their state's laws. It is also imperative that in the event their relationship dissolves and they decide to seek a divorce to end their marriage each party is aware of their property and child custody rights as these issues will be in the forefront of the divorce proceedings - just as they are for heterosexual couples who are divorcing. If you are a gay or lesbian couple who plans on seeking a legal marriage or filing for a same-sex divorce or would like more information regarding the divorce process it is critical that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, same-sex relationship dissolution, custody and visitation, equitable distribution or other family law matters in New Jersey visit DarlingFirm.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Status of LGBT Parental Rights

As many more states continue to recognize marriage equality and same-sex marriage, it has become a hot topic across America leading many people to ask - what is the status of LGBT parental rights? There are gay and lesbian parents who were previously in heterosexual marriages but have divorced and are now having a very difficult time securing legal protections that permit them to maintain relationships with their children. Although marriage equality is now recognized in 16 states in America, the laws that govern the right to legally marry are different from the laws that govern parental rights. Therefore, even if a state recognizes marriage equality same-sex parents may not be receiving the same family protections as heterosexual parents. For instance, many states still do not allow LGBT, or more specifically transgender people, from adopting a child. Therefore, if a transgender person engages in a relationship with an individual who has children from a previous relationship, in most states, the transgender person will not be able to adopt the children - even if that person is legally permitted to marry his or her significant other. For transgender individuals this harsh fact prohibits them from realizing the family lifestyle that they so desire. In another example, many transgender men and women are finding that many state laws are creating significant impediments for them to gain visitation rights over their biological children because their status as parents, upon becoming transgender, is compromised by the laws of many states. This, compounds with the fact that many others in society and within their own families may choose to make it difficult for the transgender person to see his or her child, solely based upon the fact that the family disagrees with their choice to change their gender. Over time, the laws across the states will evolve and adapt to social change, this is evident in the fact that more and more states are beginning to recognize marriage equality at an ever-increasing velocity. The statue and protections of transgender parents will most likely follow this trend. If you are an LGBT individual and you anticipate that you will become involved in a child custody and/or parenting time dispute it is critical that you seek out the advice of an experienced family law attorney before moving forward. For more information about child custody, divorce, parenting time, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Same-Sex Marriage Debate in New Jersey Rages On

The debate on the same-sex marriage continues to rage on in the state of New Jersey in lieu of recent developments in the New Jersey judicial system. Last year, the New Jersey State Legislature passed a Marriage Equality law that would have allowed same-sex couples to marry in the states, but at that time, Governor Chris Christie vetoed the bill and temporarily ended the debate. On Friday September 27, 2013, New Jersey Superior Court judge Mary Jacobson ruled that same-sex couples in New Jersey must be allowed to get married, beginning on October 21, 2013. According to Judge Jacobson, gay and lesbian couples are being denied equal rights under the law and therefore must be allowed the right to marry just like heterosexual couples. If the state were to issue marriage licenses to same sex couples on October 21st, they would have all of the same state and federal benefits that heterosexual couples enjoy. Many marriage equality supporters from around the state joined together in celebration of Judge Jacobson's ruling, but does her ruling truly end the debate? The answer is, no. Governor Christie has stated that he will appeal Judge Jacobson's decision. Typically, the Appellate Division would first have to hear a challenged case, but in this instance state lawmakers and the governor have asked the New Jersey Supreme Court to consider the matter, circumventing the Appellate Division. On October 2, 2013, Governor Christie asked the judiciary to delay the enforcement of Judge Jacobson's order until the appeal can be decided by the Supreme Court. Judge Jacobson's ruling is the first of its kind since the United States Supreme Court released its ruling that the federal government cannot deny federal benefits to married same-sex couples. Judge Jacobson based her opinion in part on that United States Supreme Court decision. It is still too early to predict how Judge Jacobson's ruling will impact marriage equality in the state of New Jersey. Ultimately, this latest development proves that the debate over same-sex marriage in this state is still a hot topic and is far from over. With the legislature, the judiciary, and the governor all weighing in heavily on the debate over the past few years, the only certainty with regard to issues of same-sex marriage in New Jersey is that people throughout the state feel very passionately about the issue. Whether the legal status of same-sex marriage changes soon or not, has yet to be decided. If you are seeking to enter into or dissolve a civil union, there are ways to protect yourself and your partner under the existing laws by entering into contractual agreements where the law falls short of offering you protections offered to heterosexual married couples. For those in the LBGT community who are in long-term relationships and cohabitating, it is important to consult with experienced legal counsel regarding the steps you should take to protect your present and future interests under NJ Law. For more information on same-sex civil union, dissolution, divorce, custody, visitation, child support or other family law matters in New Jersey visit www.NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.