Another New York appeals court recognizes a same-sex Canadian marriage...and a reminder about what the DOJ announcement is NOT about

The New York Supreme Court Appellate Division, First Department, ruled today that the marriage between a decedent and his surviving partner in Canada is entitled to be recognized in New York. (To read the opinion, In re Estate of Ranftle, you need to click here and scroll down to page 8). The couple, J. Craig Leiby and H. Kenneth Ranftle, married in Canada in June 2008, and in August 2008,

Obama administration will no longer defend section 3 of DOMA...what now?

The Justice Department has just announced that it will no longer defend the constitutionality of Section 3 of the Defense of Marriage Act (DOMA). That's the section that defines a married couple for federal law purposes as a man and a woman. The announcement comes in the context of cases pending in the Second US Circuit Court of Appeals brought by GLAD and the ACLU.Nothing will change right

Why can't Obama be more like Charlie Crist?

So a year ago I never would have asked such a question! But this week brings us diametrically opposing decisions from these two executives. Both executives had to decide whether to appeal court rulings striking down a statute as unconstitutional. Florida Governor Charlie Crist decided not to appeal the Florida Court of Appeals ruling that the state's ban on lesbian and gay adoptions is

What married same-sex couples owe to hippie communes

I'm guessing most married same-sex couples think they have little in common with the hippie communes of the 1960's and 70's. Free-loving hippies challenged the fabric of American society, including the nuclear family, while most married same-sex couples, or at least the organizations that speak for them, are busy presenting gay marriage as anything but a threat to heterosexual family life.Well,

Law professors' conference addresses needs of same-sex partners in a "defense of marriage" state

Next week, the Association of American Law Schools will hold its annual meeting in New Orleans. This is the annual meeting of law professors from across the country. In acknowledgement of the needs of same-sex and unmarried partners in a state with a "defense of marriage" act, the AALS's executive director, Susan Westerberg Prager, today sent out the following message to all attendees. I am

Obama administration again validates gay and lesbian parents

The US Justice Department filed a memorandum in support of a motion to dismiss today in Commonwealth of Massachusetts v. United States, the lawsuit brought by Massachusetts arguing that the Defense of Marriage Act is unconstitutional. This lawsuit complements the one brought by GLAD on behalf of several named plaintiffs.The Justice Department memorandum reiterates that the administration supports

A nod from the President...I'll take it!

While I was in synagogue yesterday for Yom Kippur, the President proclaimed the day "Family Day 2009." Amid the platitudes on the importance of strong families in keeping adolescents from substance abuse and electronic device overdose came a nod to us...same-sex couples raising children. Here's the quote:American families from every walk of life have taught us time and again that children

The Obama administration thinks we make good parents!

The Obama administration is defending DOMA in the litigation challenging it filed in California. No surprise there.Today they filed a brief in the case, and there is some good news in it. I'm going to let it speak for itself."The government does not contend that there are legitimate government interests in "creating a legal structure that promotes the raising of children by both of their