Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Windy City Times 2022-06-08
DOWNLOAD ISSUE
Donate

Sponsor
Sponsor

  WINDY CITY TIMES

VIEWS How same-sex couples can ensure parenting rights if Supreme Court reverses Obergefell
By Jeffery M. Leving
2022-06-30

This article shared 815 times since Thu Jun 30, 2022
facebook twitter pin it google +1 reddit email


After the U.S. Supreme Court reversed Roe v. Wade last week, many are now wondering if the court would go after same-sex marriage next.

Justice Samuel Alito, in his majority decision, wrote that nothing in its decision "should be understood to cast doubt on precedents that do not concern abortion." Justice Brett Kavanaugh, who supported the majority decision overturning Roe, also wrote that the court's decision was only focused on abortion. However, many fear same-sex marriage may be overturned next because Justice Clarence Thomas argued that the court should revisit three landmark cases that have also relied on the same legal reasoning as Roe v. Wade: Griswold v. Connecticut, a 1965 decision declaring that married couples had a right to contraception; Lawrence v. Texas, a 2003 case overturning sodomy laws and legalizing same-sex sexual activity nationwide; and Obergefell v. Hodges, the 2015 case establishing the right of gay couples to marry.

The three dissenting judges—Stephen Breyer, Sonia Sotomayor and Elena Kagan—were so concerned that they wrote that "No one should be confident that this majority is done with its work."They explained their concern, writing that "One of two things must be true," they wrote. "Either the majority does not really believe in its own reasoning. Or if it does, all rights that have no history stretching back to the mid-19th century are insecure. Either the mass of the majority's opinion is hypocrisy, or additional constitutional rights are under threat. It is one or the other."

Whether the Supreme Court hears a case with the potential to reverse Obergefell v. Hodges is yet to be seen. However, many believe the religious right has been emboldened by the reversal of Roe and will indeed take on Obergefell. But, even if they do, there is no guarantee that the landmark decision would be reversed.

That is little comfort for same-sex couples, who are wondering what could happen to their legal status, especially same-sex couples who have children.

Yale Law School professor Douglas NeJaime said the concerns are valid, considering another Supreme Court case that was decided in 2017, Pavan v. Smith. In that case, the court required the State of Arkansas to list both women in a same-sex marriage as parents on their child's birth certificate. However, the three justices who dissented were Gorsuch, Alito and Thomas, three who recently voted in favor of overturning Roe.

"So, the concern is that states will say when a same-sex couple has a child and they are married, the non-biological parent is not a legal parent," NeJaime said. He also noted that Idaho and Oklahoma have been doing that in the past year, setting up another potential case in front of the Supreme Court.

The impact of not allowing a non-biological same-sex parent as a legal parent would have many negative implications, according to Courtney Joslin, a law professor at University of California, Davis, and the primary drafter of the 2017 Uniform Parentage Act which attempted to expand the establishment of parentage of non-marital children.

"it can mean that the child is not entitled to important benefits through that person," Joslin said. "For example, if the family dissolved, that person might not be able to seek custody or visitation with the child and that could mean that the child could be completely cut off from one of their parents. That is harmful and traumatic for the child. Additionally, the child might not be entitled to child support."

Both NeJaime and Joslin said the best way for same-sex parents to ensure that their parental rights are not put into danger, regardless if Obergefell is ever overturned but especially if it is, is to get a court judgment confirming their status as parents. I also advocate for this.

The reason to seek judgments confirming their status is because court judgements must be respected and enforced in all states, even if the judgment couldn't have been obtained originally in the state the parents reside in, Joslin said.

To obtain a judgement, same-sex parents can complete a second-parent or step-parent adoption. However, there are costs to it and it takes time, NeJaime said.

"Adoption doesn't happen immediately. In some states a home-study process is undertaken that can take about six months. In some states they will waive that because you're adopting a child that you've already been raising," NeJaime said. "There's also attorney fees and filing fees."

While this is true and one can make the case that the system should be improved, it is currently what we have to navigate. Whether or not a challenge to Obergefell is ever heard by the Supreme Court remains to be seen, but it's better to be safe than sorry, especially when it comes to your children.

Jeffery M. Leving is founder and president of the Law Offices of Jeffery M. Leving Ltd.,and is an advocate for the rights of fathers. He is the author of Fathers' Rights, Divorce Wars and How to be a Good Divorced Dad. Leving can be found on Twitter and Instagram @Dadsrights


This article shared 815 times since Thu Jun 30, 2022
facebook twitter pin it google +1 reddit email

  ARTICLES YOU MIGHT LIKE

Gay News

Office of the Chief Judge of Cook County's YouTube accounts disabled
2022-08-19
-- From a Chief Judge of Cook County news release - CHICAGO (Aug. 19) — Earlier today, the Office of the Chief Judge (OCJ) was notified by Google that the OCJ's YouTube accounts, used to provide public access to court proceedings, had been disabled due to unspecified ...


Gay News

Utah judge halts law banning trans girls from playing on girls' sports teams
2022-08-19
In Utah, transgender kids will not be subjected to sports-participation limits at the start of the upcoming school year after Judge Keith Kelly delayed the implementation of a statewide ban passed earlier this year, WGEM reported. ...


Gay News

Young LGBQ adults experience more psychological distress than older LGBQ people
2022-08-11
-- From a Williams Institute press release - A new study by the Williams Institute at UCLA School of Law finds younger LGBQ adults are physically healthier but have worse psychological distress than older LGBQ people. Researchers examined a representative sample of LGBQ people ...


Gay News

Calif. Gov. Gavin Newsom names first queer woman to state supreme court
2022-08-11
California Gov. Gavin Newsom announced his intention to appoint Alameda County Superior Court Judge Kelli Evans to serve as an associate justice of the California Supreme Court to fill the vacancy created by Justice Guerrero's elevation ...


Gay News

NATIONAL Okla. schools, Tenn. lawsuit, political items, Mich. library
2022-08-07
Video below - Oklahoma public schools have started requiring students from kindergarten to college to complete "biological sex affidavits" if they want to compete in school sports, in accordance with a state law that took effect earlier this year, ...


Gay News

WORLD Zelensky, French position, UK drag-queen shows, triathlons
2022-08-07
Ukraine President Volodymyr Zelensky confirmed he will ask Ukraine's government to look into legalizing same-sex marriage after the war with Russia ends, PinkNews reported. Ukraine's constitution defines marriage as between a man and a woman. Last ...


Gay News

Uganda government forces LGBTQ+ group to shut down
2022-08-07
An LGBTQI+-rights group in Uganda said the country's government forced it to shut down, according to The Washington Blade. Sexual Minorities Uganda (SMUG), in a press release, said Uganda's National ...


Gay News

Indiana Gov. Holcomb signs bill banning most abortions
2022-08-06
Indiana Gov. Eric Holcomb has signed a bill that would ban most abortions—making it the first state to pass a restrictive law against the procedure since the U.S. Supreme Court overturned Roe v. Wade earlier this ...


Gay News

Brittney Griner found guilty, sentenced to nine years
2022-08-04
On Aug. 4, a Russian court found out WNBA star Brittney Griner guilty of drug smuggling and possession charges—and sentenced her to nine years in prison. The widely expected verdict came after a monthlong trial ...


Gay News

Sexual-misconduct report findings force Chicago charter-school leader to leave
2022-08-04
A Chicago Public Schools inspector general's report substantiating allegations of inappropriate sexual conduct with a student forced Tim King, the head of a prominent charter school network, to resign recently, WBEZ reported. King, who founded Urban ...


Gay News

Judge: W. Va.'s Medicaid program must cover transgender care
2022-08-04
In West Virginia, U.S. District Judge Chuck Chambers ruled that the state's Medicaid program must provide coverage for gender-confirming care for transgender residents, ABC News reported. Chambers made the ruling on Aug. 2 in a lawsuit ...


Gay News

Attorneys general file brief in Indiana trans case
2022-08-04
A coalition of 22 attorneys general, including Illinois Attorney General Kwame Raoul and New York counterpart Letitia James, filed an amicus brief in the case of A.C. v. Metropolitan School District of Martinsville opposing the school ...


Gay News

NU sued by student on school's Qatar campus
2022-08-03
On July 28, Northwestern University was slapped with a civil-rights lawsuit in Illinois Northern District Court, according to Law.com. The lawsuit was brought by Disparti Law Group on behalf of a student of the university's Qatar ...


Gay News

Voters preserve abortion rights in red state Kansas
2022-08-03
In the first abortion-related election since the U.S. Supreme Court overturned Roe v. Wade, Kansas voters have rejected a proposed constitutional amendment that would have specified that the right to terminate a pregnancy is not protected, ...


Gay News

Showrunners send abortion-protection letters to Hollywood execs
2022-08-02
Recently, more than 400 TV creators and showrunners—all of them women (including Shonda Rhimes, Issa Rae, Amy Sherman-Palladino, Natasha Lyonne and Ava DuVernay)—sent letters to top executives at Hollywood studios ...


 



Copyright © 2022 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 
 

TRENDINGBREAKINGPHOTOS







Sponsor
Sponsor


 

Sponsor


Donate


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam     
Privacy Policy     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.