It is widely expected that the Supreme Court of the United States will issue their opinion in the Obergefell case defining the rights of same-sex couples to marry on Friday, June 26, 2015. The Supreme Court rarely announces the date upon which it will issue an opinion in a case and there are never any
Texas Supreme Court opinions on same sex divorce
After a long 2 year wait, the Texas Supreme Court finally issued rulings in the two same-sex divorce cases pending before it. One involved two men from Dallas — In re JB and HB. The other involved two women from Austin — Naylor v. Daly. Unfortunately, we are no closer to understanding how married same-sex
Loving Day, June 12th – is Obergefell Day next?
June 12th is the anniversary of the 1967 US Supreme Court decision in Loving v. Virginia, which struck down laws in 16 U.S. states banning interracial marriage – mainly between blacks and whites. The US Supreme Court found that such laws restricting the freedom to marry solely based on racial classifications violated the
Caitlyn Jenner sparks dialogue on transgender terminology
The news of the week this week was Caitlyn Jenner (formerly known as Bruce Jenner) gracing the cover of Vanity Fair Magazine. This sparked quite the debate in the country – and especially on Facebook – about
New Blog Launch — LGBT family law issues in Texas and Dallas area
Today marks the official launch day for my new family law blog focusing on LGBT issues in Texas. This month we expect a ruling from the Supreme Court of the United States in the Obergefell case, which will, one way or another, be
Is there a presumption of maternity for same sex lesbian couples?
Texas Family Code section 160.106 says that the provisions of Chapter 160 relating to the determination of paternity apply to a determination of maternity in Texas. So, when a heterosexual couple is married, the father is presumed to be the father of the child. The law provides other instances when a man is presumed to
Achieving health care equality for LGBT persons
The American College of Physicians released a new position paper with recommendations on how to achieve health care equality for lesbian, gay, bisexual, or transgender LGBT patients. The ACP calls for comprehensive transgender health care services to be included in health benefit plans. And, they advocate for civil marriage rights for same sex couples. Certain
Texas is the Hotel California of same sex marriage
The Eagles sang about the Hotel California in their 1977 song: “You can check-out any time you like, but you can never leave!”. The current state of same sex marriage in Texas is similar. Couples can go to other states and get
Waiting on Obergefell v. Hodges on constitutionality of same sex marriage
On April 2
8, 2015, the Supreme Court of the United States held oral arguments in Obergefell v. Hodges – the combined group of 6 cases addressing the constitutionality of various states’ bans against same sex. Most Court watchers expect a ruling to come out by the end of June when the Court’s term ends.