Sharon Maher Like many same-sex couples hearing about the landmark decision in Obergefell v. Hodges, Bill Novak and Norman MacArthur were excited to finally marry each other. But unlike most couples, Novak and MacArthur still had one more legal hurdle in the way of their union: they were legally father and son. In 2000, after…Continue Reading
A survey of the past, present and possible future of visitation rights for unmarried same-sex couples.Continue Reading
by Ally Nicol
In the past fifty years, American politics and public opinion have shifted regarding parentage and what constitutes a family. In the wake of cases such as Holtzman v. Knott, Johnson v. Calvert, K.M. v. E.G., Obergefell v. Hodges, and In re M.C., the rights of same-sex and other “non-traditional” parents have been clarified and expanded. Biology and marriage have long been the most commonly used means of establishing parental rights, and now those recognitions, particularly in the wake of Obergefell, are widely available to most couples. While this recognition has been long-awaited in the LGBT community, issues remain regarding legal parent status based solely on biology and the legal status of non-traditional families. As the law expands to recognize a more diverse spectrum of parents, new issues will arise regarding when parental status should not be granted, as opposed to how parental rights should be expanded.
by Bailey Metzger
On May 18, 2016, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) published the final rule implementing § 1557 of the Patient Protection and Affordable Care Act (ACA) in the Federal Register. The final rule addressed a wide variety of discrimination in the health care context, including discrimination on the basis of race, color, national origin, sex, age, and disability. Perhaps the most notable part of the rule finds that discrimination on the basis of gender identity constitutes discrimination on the basis of sex.
Sharon Beck* Freddy McConnell, a single father in the United Kingdom, is expecting his second child in early 2022. When they are born, they will join Freddy’s family, which also includes his first child, SJ. Since giving birth to SJ in 2018, Freddy has raised him as a single father, happily and by choice. But both of his children’s birth certificates will list Freddy as their mother, not father, which Freddy has been fighting since he gave birth to SJ.Continue Reading
By Chase Lindemann On March 1, 2022, Oklahoma State Senator Rob Standridge introduced Senate Bill 1142 to the Oklahoma Senate Floor. SB 1142’s title states that this bill is an act “prohibiting certain schools and school libraries from maintaining or promoting certain books.” If a parent believes that there is a violation of SB…Continue Reading
View/Download PDF Version By Esther Raty† Two women fall in love, move in together, and decide to start a family. While two women cannot both genetically be the parent of one child, they can choose when to have a child, which sperm donor to use, and how to co-parent a child. However, no matter how…Continue Reading
In this blog post, staffer Buchanan Waller analyzes the development of and reasons for success behind Cuba’s 2022 Family Code.Continue Reading
In this blog post, Staff Member Elise Skarda reviews the impact of the much-anticipated Respect for Marriage Act, and, due to the Act’s limits, proposes further actions to be taken to protect same-sex marriage.Continue Reading
By Elizabeth Wellhausen* In December 2022, the Supreme Court heard oral arguments for 303 Creative v. Elenis, a case that is basically a “redo” of Masterpiece Cakeshop v. Colorado Civil Rights Commission. In Masterpiece, a baker refused to make a wedding cake for a same-sex couple because same-sex marriage conflicted with his religious views. The…Continue Reading