Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Formal Recognition of Gay and Lesbian Relationships
Perhaps no social issue has impassioned more sustained debate among Americans in the last decade than the question of marriage rights for same-sex couples. Gay couples sought such protections for their relationships as early as 1971, Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971), appeal dismissed, 409 U.S. 810 (1972), but the issue did not really impinge on the public consciousness until some 20 years later. In 1993, the Hawaii Supreme Court decided in Baehr v. Lewin, 852 P.2d 44 (Haw. 1993), that denying the right of marriage to same-sex couples amounted to sex discrimination. On remand, the trial court rejected the state's attempt to show a compelling state interest and held the marriage statute unconstitutional. The Hawaii Supreme Court affirmed. Baehr v. Miike, 1996 WL 694235 (Haw. Cir. Ct. 1996), aff'd, 950 P.2d 1234 (Haw. 1997).
Although an amendment to the Hawaii constitution later superseded the Baehr holding, the Rubicon was crossed. Congress enacted the Defense of Marriage Act (DOMA), 110 Stat. 2419 (1996), which limited federal recognition of marriage to opposite-sex couples, and further provided that no state need recognize 'a relationship between persons of the same sex that is treated as a marriage' by any other state. Thus began a complex patchwork of relationship recognition policies undertaken by each of the individual states and territories in the United States. The result for a family headed by a gay or lesbian couple is that the family members' legal relationships remain constantly in flux, changing according to their state of residence, the law of each state or territory to which they may travel, and whether the particular rights in question find their source in state or federal law.
According to the Human Rights Campaign (www.hrc.org), 26 states have adopted constitutional provisions limiting marriage to opposite-sex couples. Nineteen states have enacted similar statutory restrictions. Meanwhile, ten states and the District of Columbia have adopted varying levels of legal protection for same-sex couples and their children. While only one American jurisdiction allows same-sex couples to marry, at least five countries worldwide, including Canada, do so.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.