Tag Archives: GLBT

Last week’s decision in US v. Windsor

Even in light of last week's decision in US v. Windsor, ruling parts of the Defense of Marriage Act unconstitutional, many issues still remain in the evolving debate of marriage equality. One which I see almost on a daily basis involves the right or ability of same sex couples who are legally married to break up and divorce. In other words, a couple goes to a state that sanctions same sex marriage and has the ceremony performed, then that couple moves to Texas where they decide to break up. Because Texas has a state-version of DOMA that prohibits recognition of legal same sex marriages in other states, and because section 2 of the federal DOMA does not require Texas to give full faith and credit under the US Constitution to the marriage laws of other states, couples may be left with no remedy. In Texas, we cannot file a divorce for those legally married, same sex couples. If they own property together, we cannot use our state's marital property division laws to apportion their property. We cannot help a same sex spouse who, through disability or lack of earning capacity, cannot support himself or herself after depending on the other spouse for financial support during the marriage.… Continue Reading

Learning Lessons From A Tragedy

Some of you may have heard about the tragic suicide death of Debie Hackett recently. Her family drama has been played out in the local media over the past few months regarding the litigation between Ms. Hackett and her former lesbian partner Ms. Ferris.… Continue Reading

Green Light for Suit for Access to Child by Lesbian Nonparent

The Dallas Court of Appeals has given the green light to a nonparent woman to seek access to the child with whom she had a substantial relationship. In In re M.K.S., the Dallas Court of Appeals held that the nonparent woman had established sufficient evidence of a pattern of conduct over a significant amount of time that the child would be involved with the nonparent woman, thus giving her the right under Texas Law to seek access… Continue Reading

Dallas Judge: Ban on Gay Marriage and Divorce Unconstitutional: UPDATE

Dallas 302nd state District Judge Tena Callahan ruled Thursday that the state's bans on same-sex marriage violates the constitutional guarantee to equal protection under the law. She said her court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction." Her ruling clears the way for two gay men to legally divorce in Texas.… Continue Reading

Resources for LGBT parents

A client referred me to the website www.colage.org as a resource for LGBT parents. COLAGE is a national movement of children, youth, and adults with one or more lesbian, gay, bisexual, transgender and/or queer (LGBTQ) parents. I found the website very insightful… Continue Reading
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