Boston Divorce Lawyer - Boston Divorce & Family Law Attorney Blog » Same-sex

Dan Savage on Gay Adoption

Gabriel Cheong — Wed, 06 Jan 2010 14:30:54 +0000

Dan Savage presents his viewpoint on the state of gay adoption in America today by reframing the argument. The issue is not “gay parents vs. straight parents.” The issue should be whether it is better for a child to have parents at all vs. having no parents.

Gay people are allowed to foster children but not adopt them in some states.

“Every child deserves a mother and father. It would be nice wouldn’t it if it did work out that way. But it’s not gonna work out that way.”

“Why are they in foster care? Because their gay parent abandoned, neglected and abused them? No. Because their straight parents abandoned, neglected and abused them.”

“Gay people don’t have children by accident…Every child that’s been adopted by a gay and lesbian couple is a wanted child.”

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What marriage should mean

Gabriel Cheong — Thu, 03 Dec 2009 14:30:13 +0000

I’ve been posting a lot here recently about marriage despite this being a blog about divorce. But obviously divorce and marriage is related. As a divorce attorney, I don’t celebrate when my clients get a divorce. My job is a necessary evil. Divorce happens and it is the role of the divorce attorney to help lay a foundation out of the financial and emotional ruins of a divorce.

Therefore, I often ask myself the most basic question in my practice – what does being married mean or rather, what should it mean.

The bill did not pass.

Same-Sex Marriage Statistics Last week, voters in Maine struck down a law voted...
2010 California Marriage Protection Act I fully support the initiative to place the 2010 California...

2010 California Marriage Protection Act

Gabriel Cheong — Wed, 02 Dec 2009 14:30:05 +0000

I fully support the initiative to place the 2010 California Marriage Protection Act on the ballot. Last year, California approved Proposition 8 based largely on the idea that allowing same-sex marriage is detrimental to the sanctity of marriage. Marriage is sacred and needs to be protected from perversion – so goes the argument. That is why it makes sense to support the 2010 California Marriage Protection Act. It takes Proposition 8 one step further by banning divorce in the state of California. If that doesn’t protect the sanctity of marriage, I don’t know what will.

You can read the proposed amendment here: http://rescuemarriage.org/2009/08/22/2010-california-protection-of-marriage-act/

“Jon and Kate plus 8 divided by 2 equals mortal sin”

“May Divorce Be With You” [link]...
What marriage should mean I’ve been posting a lot here recently about marriage despite...

Same-Sex Marriage Statistics

Gabriel Cheong — Tue, 10 Nov 2009 14:30:14 +0000

Last week, voters in Maine struck down a law voted on by their legislature and signed into law by their governor, granting same-sex couples equal rights under the law. This is very disappointing and as I’ve said before, perhaps the rights of the minority should not be placed in the hands of the majority. If this was the case, we would still have segregation of schools, no voting rights for blacks and women and we’d still prohibit interracial marriages.

I came across a paper by Jeffrey Lax and Justin Phillips, “Gay Rights in the States: Public Opinion and Policy Responsiveness,” published recently in the American Political Science Review. Here is a chart from that paper illustrating the support for same-sex marriage by varying age groups (click to enlarge):

What this tells us is that in 15-20 years, when the more tolerant 18-29 yr olds become the average age group, same-sex couples will have equality. This gives me hope but it sure is a long time to wait.

What marriage should mean I’ve been posting a lot here recently about marriage despite...

New Hampshire Allows Gay Marriage

Gabriel Cheong — Wed, 03 Jun 2009 21:01:07 +0000

New Hampshire will be the 6th state in the nation to allow same-sex marriage. The other states are Massachusetts, Connecticut, Maine, Vermont and Iowa.

I think the tide is starting to turn in favor of equal rights and it makes me proud of our nation.

I’m reminded of Martin Niemoeller’s poem and how we should fight for equality even if it doesn’t directly affect us.

“They came first for the Communists,
and I didn’t speak up because I wasn’t a Communist.

Then they came for the Jews,
and I didn’t speak up because I wasn’t a Jew.

Then they came for the trade unionists,
and I didn’t speak up because I wasn’t a trade unionist.

Then they came for the Catholics,
and I didn’t speak up because I was a Protestant.

Then they came for me,
and by that time no one was left to speak up.”

Same-Sex Marriage Statistics Last week, voters in Maine struck down a law voted...
What marriage should mean I’ve been posting a lot here recently about marriage despite...

How the ruling of Prop 8 could actually be a win for gay rights

Gabriel Cheong — Wed, 27 May 2009 14:00:20 +0000

Today the California Supreme Court upheld Proposition 8, a ballot initiative voted on by the people of California to define marriage as that of one man and one woman. Many same-sex marriage supporters sees today’s ruling as a defeat. However, I want to see it from a different angle that perhaps could ultimately help the same-sex marriage cause.

[warning: heavy legalese to follow]

One of the legal challenges that same-sex marriage supporters have is defining the gay community as a suspect class of people (e.g.: women and ethnic minorities). A suspect class of people are ones that have defined traits that subject them to discrimination. When the Supreme Court of the United States looks at an issue, they first look to see whether they’re dealing with a suspect class of people and also whether they’re dealing with a fundamental right. Marriage is a fundamental right. What’s unclear is whether same-sex marriage is a fundamental right. If a same-sex marriage case ever made its way up to the Supreme Court, it could have the ability to dictate how individual states must treat same-sex marriage. In effect, individual states would no longer be able to defined marriage. This could either be a widespread victory for same-sex marriage supporters or it could also be a crushing defeat if the Supreme Court ruled the other way.

Today, the California Supreme Court ruled that Proposition 8 is legal and therefore there will be no more same-sex marriage in California. But they also ruled that the approximately 18,000 same-sex marriages that were performed during the 5 months period was legal and will continue to be valid.

As I said, the trouble is defining gays and lesbians as a suspect class of people. Now, with the California Court ruling, I believe proving gays and lesbians to be a suspect class of people is no longer necessary. The California Court, by allowing the 18,000 same-sex marriages to exist, now created a subset of people in a group that has certain rights and all others who do not. There is no rational basis for this distinction. This is an Equal Protection violation of the United States Constitution. I believe that the California Court, the same one who ruled in favor of same-sex marriage, actually knew what it was doing by removing the hurdle of showing a suspect class and instead have reclassified it as an Equal Protection issue.

Ultimately, I can’t tell the future and I don’t know whether the new challenge in California will be from the ballot box, the legislature or the courts. I do know that the fight isn’t over in California.

Rights and Responsibilities of Parenting (Paternity Part 3) You’ve either voluntary acknowledged your paternity or you have been...

Iowa and Vermont – Gay Marriage

Gabriel Cheong — Tue, 07 Apr 2009 16:38:59 +0000

There’s a lot of news from the same-sex and gay marriage front lately. I just want to provide the facts here and see where this all goes.

Iowa gave gay couples the right to marry this month through their Supreme Court decision that struck down the laws against gay marriage. Iowa will begin to allow same-sex marriages this month. Opponents of the high court decision is already gearing up for a battle by getting support to pass a constitutional amendment (similar to what they did in California). However, the fastest a constitutional amendment can be passed would be in 2012. So the fight is not over in Iowa.

Vermont, the first state to offer same-sex civil unions, as of today, is the first state to allow same-sex marriage not through the courts but by a vote of the legislature. This means that a constitutional amendment in Vermont to outlaw same-sex marriage is highly unlikely and gay marriage is here to stay in Vermont.

As of today, these states allow same-sex marriage: Massachusetts, Connecticut, Vermont and Iowa.

2010 California Marriage Protection Act I fully support the initiative to place the 2010 California...

Massachusetts Challenges DOMA

Gabriel Cheong — Wed, 04 Mar 2009 01:59:33 +0000

Today, a federal case was filed in federal court in the District of Massachusetts by Mary Bonauto, a civil rights attorney who’s famous for arguing (and winning) the same-sex marriage case in front of the Massachusetts Supreme Court in 2004 and fellow Northeastern Alumni, to overturn the Defense of Marriage Act (DOMA).

DOMA, as I’ve posted about before, is a federal law enacted during the Clinton Administration that says that states do not have to recognize other’s state’s same-sex marriage. It also defines marriage as a union between one man and one woman for federal benefit purposes. This is very unusual that a federal law would define marriage because marriage has always been defined by the States.

The couples today who are filing this action hopes to eventually be heard at the US Supreme Court and get a ruling that says that DOMA is unconstitutional because it is inherently discriminatory. And I agree that it is discriminatory. I believe that if Obama doesn’t enact legislation to overrule DOMA and this actually gets heard by the Supreme Court, it will go down in history and jurisprudence as a case as important as Loving v. Virgina (the law students and lawyers who read this blog will know this case quite well).

[Same-sex Spouses Challenge US. Curbs]

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Landmark Gay Marriage Couple Divorces

Gabriel Cheong — Wed, 04 Feb 2009 02:08:23 +0000

In the landmark Massachusetts case of Goodridge v. Dept of Public Health, the Supreme Judicial Court granted the right of marriage to same-sex couples. The named Plaintiff were Hillary and Julie Goodridge.

If anyone needs further showing that gay couples are just like straight couples, the Goodridges have filed for divorce in Suffolk Probate Court.

Boston Herald article

As a side note, I would’ve been very honored to be their divorce attorney – pro bono (that’s for free)!

Divorce Statistics in Massachusetts The probate and family courts of Massachusetts recently released data...

Can a civil union be dissolved in Massachusetts?

Gabriel Cheong — Thu, 15 Jan 2009 04:00:58 +0000

If a gay or lesbian couple joins together in marriage in either Massachusetts, California or Connecticut, they can definitely get divorced in those respective states. In states that outlaw same-sex marriage, due to the Defense of Marriage Act (DOMA), those states do not have to recognize a same-sex marriage from another state and therefore do not have to grant their request for a divorce. That begs the question, if a gay or lesbian couple joins together in a civil union (e.g.: Vermont), can they get a “divorce” in a state that allows same-sex marriage (e.g.: Massachusetts)?

The answer to that question, at least in Massachusetts, is yes. In 2004, Judge Cronin of the Essex Probate and Family Court ruled that a couple who has a civil union in Vermont may get “divorced” in Massachusetts. He reasoned that a Vermont civil union confers all the rights of marriage (sans the actual title of “marriage”) and therefore, through a dissolution process similar to a divorce, Massachusetts may sever those “marriage” rights.

It is still up in the air, due to Proposition 8 that was recently voted in in California, whether same-sex marriage or divorces will stay valid in that state. At least in Massachusetts, marriage and divorce is a right open to all couples, straight or gay.

*thanks to Amy Martel for the case-law and clarification
* NOTE: This information is only for Massachusetts residents! If you live in other states, this will not apply.

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