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The recent developments in the creation and recognition of relationships among same-sex couples have developed a momentum which, like it or not – the recent laws passed by 13 states banning gay marriage, notwithstanding – must be recognized and understood by family lawyers and other related practitioners in the areas of tax, estate planning, adoption, and other financial and interpersonal disciplines. See Wilson R: The Changing and Conflicting State of Same-Sex Marriage. The Matrimonial Strategist, November 2004.
Like a snowball gathering speed and mass as it rolls down the hill, the body of law regarding same-sex relationships is developing and becoming significantly more intertwined in the day-to-day practices of a wide variety of legal and financial practitioners. The inevitable conclusion appears to be that the same rights and responsibilities afforded to straight couples shall be afforded to gay couples.
Although it is still unfamiliar and uncertain, the more that the same-sex couple issue becomes a part of our cultural milieu, ie, as it becomes less the headline and more the article buried on the sixth page, the experience of practitioners and clients alike with the generation of new laws and developments that expand the perspective of “family” will become part of our daily routines and practices. The law, and developments in social policy that shape the law, have begun to recognize a swing of the social pendulum: that which is most important is the nurturance and structure of the familial relationship, not the gender of the persons involved in that relationship.
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