Reuters/Ipsos poll: Views on gay marriage still divided after court ruling

WASHINGTON (Reuters) – As the dust settled on two major Supreme Court rulings this week that advanced gay marriage, a Reuters/Ipsos opinion poll showed that while about a third of Americans oppose the decisions, a majority are either in favor or had no strong opinion.

Forty-three percent of those surveyed agreed or strongly agreed with the court’s decision to strike down the 1996 Defense of Marriage Act, which limited federal recognition of marriage to that between a man and a woman. The poll of 410 people who were asked separate questions about each ruling was conducted from Wednesday, the day of the rulings, and Friday.

Written by Lawrence Hurley. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

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Same-sex divorce request to test Indiana law

An Indiana man who married his same-sex partner in Massachusetts is testing his home state’s legal boundaries, having filed a divorce petition there despite the state’s refusal to recognize such unions.

Donald Schultz Lee doesn’t meet the residency requirement for a divorce in Massachusetts, so his attorney filed his petition to divorce Justin Schultz Lee with the Marion County clerk’s office in Indianapolis.

Clerk Beth White told WISH-TV that last week’s U.S. Supreme Court ruling on the Defense of Marriage Act is likely to “create some situations I think all around the state of Indiana that many of us are not used to handling.”

Written by The Daily Caller. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

By the numbers: Same-sex marriage

(CNN) — The Supreme Court on Wednesday gave proponents of same-sex marriage two major victories — striking down parts of the Defense of Marriage Act that denied the same benefits provided to heterosexual spouses to legally married same-sex couples, and allowing same-sex marriages to resume in California.
Same-sex marriage rulings hailed as historic victory
DOMA ruling has financial impact
Poll: Majority backs same-sex marriage
Here’s a look at same-sex marriage in the United States, by the numbers:

Written by Caitlin Stark and Amy Roberts. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

How Gay Marriage Won

Eager to be eyewitnesses to history, people camped for days in the dismal cold, shivering in the slanting shadow of the Capitol dome, to claim tickets for the Supreme Court’s historic oral arguments on same-sex marriage. Some hoped that the Justices would extend marriage rights; others prayed that they would not. When at last the doors of the white marble temple swung open on March 26 for the first of two sessions devoted to the subject, the lucky ones found seats in time to hear Justice Anthony Kennedy — author of two important earlier decisions in favor of gay rights and likely a key vote this time as well — turn the tables on the attorney defending the traditionalist view. Charles Cooper was extolling heterosexual marriage as the best arrangement in which to raise children when Kennedy interjected: What about the roughly 40,000 children of gay and lesbian couples living in California? “They want their parents to have full recognition and full status,” Kennedy said. “The voice of those children is important in this case, don’t you think?” Nearly as ominous for the folks against change was the fact that Chief Justice John Roberts plunged into a discussion of simply dismissing the California case. That would let stand a lower-court ruling, and same-sex couples could add America’s most populous state to the growing list of jurisdictions where they can be lawfully hitched.

Written by David Von Drehle. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Gay Divorce Is Still A Huge Problem In America

The Supreme Court’s decision to strike down part of the Defense of Marriage Act means the U.S. government will recognize state-sanctioned gay marriages, but it won’t necessarily make it easier for American gays to divorce.
The high court struck down one part of DOMA — section 3, which effectively deprived gay married couples of the federal benefits straight marrieds get.

Section 2 of DOMA — which says states don’t have to recognize other states’ gay marriages — is still technically alive, and that makes divorce harder to come by for some married gays.

Say a gay couple in Georgia goes to Massachusetts for the weekend to get married. That gay couple can’t go back to Massachusetts to end their marriage because the state has residency requirements for divorces. And Georgia might not let them get a divorce because the state doesn’t recognize their gay marriage in the first place.

Written by Erin Fuchs. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Gay divorce, the next frontier

Margaret Klaw is a founding partner of Berner Klaw & Watson, a law firm in Philadelphia, and author of the forthcoming book “Keeping It Civil: The Case of the Pre-Nup and the Porsche & Other True Accounts from the Files of a Family Lawyer.”

When the Supreme Court ruled a key aspect of the Defense of Marriage Act (DOMA) unconstitutional last month, it made a life-changing difference to many married same-sex couples, who will now be entitled to all the federal benefits they were previously denied. But those gay couples whose marriages aren’t working out remain in legal purgatory.

Divorce is solely the province of state law. If a couple who were wed in New York but live in Philadelphia want to be divorced, well, they can’t be. Not only is same-sex marriage prohibited in Pennsylvania — the court’s landmark ruling in United States v. Windsor does nothing to change that — but Pennsylvania’s “mini DOMA,” passed in 1996, provides that such a marriage entered into elsewhere is “void in this Commonwealth.” And if Pennsylvania doesn’t recognize you as being married, its courts have no authority to divorce you.

Written by Margaret Klaw. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Let’s Divorce Marriage from the Government

As a kid, I remember watching a rerun of the 1952 I Love Lucy Show episode in which Lucy finds her marriage license while cleaning out a closet. She discovers, to her horror, a typo that refers to husband Ricky’s last name as Bacardi rather than Ricardo, which causes her to question the legality of her marriage.

The ensuing hijinks are the makings of sitcom legend. I’ve thought about that episode in the years in which the contentious battle over gay marriage has unfolded, as it touches on a key part of the public-policy question embodied in the Supreme Court’s two big decisions this week. How important is the approval of the state — epitomized by the marriage license — in sanctioning a marriage?

In 2013 rather than the 1950s, a technical error on a marriage certificate wouldn’t cause anyone consternation. But let’s say, for some reason or another, the government invalidated my marriage. Would it matter?

Written by Steven Greenhut. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com