Same-Sex Marriage Archives - Ohio Family Law Blog

Supreme Court Rules: LGBTQ People are Protected from Job Discrimination

Divided Supreme Court Rules On Sex Discrimination Protection For LGBT Workers

In a landmark ruling, a divided Supreme Court ruled on June 15, 2020 that the 1964 Civil Rights Act barring sex discrimination in the workplace also protects LGBTQ employees from being fired because of their sexual orientation. The case, Bostock v. Clayton County, Georgia can be accessed by clicking here. The court decided by a 6-3 vote that a key protection of the Civil Rights Act of 1964 known as Title VII that bars job discrimination because of sex also encompasses discrimination against LGBT workers.

The decision was written by Associate Justice Neil Gorsuch (who was appointed to the Court by President Trump). Chief Justice John Roberts also joined the court’s four liberal justices composing the majority. Dissenting were Associate Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh.

“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” Justice Neil Gorsuch wrote for the court. “Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

“The lawmakers who drafted and enacted the legislation

Study Finds that Same-Sex Weddings have Generated $3.8 billion Over the Last 5 Years

Same-Sex weddings Have Generated Billion in Local and State Economic Activity in U.S. According to Study

It is estimated that there are 513,000 married same-sex couples in the United States. There are 28 United Nations’ member states that recognize the right of same-sex individuals to marry. According to a study released on May 25, 2020 by the Williams Institute on Sexual Orientation and Gender Identity Law at UCLA , same-sex weddings have generated $3.8 billion in local and state economic activity in the United States since the Supreme Court legalized gay marriage five years ago this month in Obergefell v. Hodges. Click here to read the Supreme Court decision.

In June 2015, when the Supreme Court issued its decision in Obergefell, there were an estimated 242,000 same-sex married couples in the U.S. The number of married same-sex couples has more than doubled since then. An estimated 513,000 same-sex couples are married as of March 2020. The researchers used data from the government’s American Community Survey.

Researchers found the average cost of a same-sex marriage was $11,000 (compared with $15,000 for heterosexual couples), coming to over $3.2 billion. In addition, researchers estimated their out-of-state guests spent over $540,000 over the … Read More... “Study Finds that Same-Sex Weddings have Generated $3.8 billion Over the Last 5 Years”

Same Sex Couples Count for the 2020 Census

Same Sex Couples To Be Tracked In 2020 United States Census

As of 2020, same sex couples will be officially tracked by the United States Census. For the record, same-sex marriage is legal in 19 states and in the District of Columbia. North Dakota has banned it. According to a Pew Research Report, this is the first time the United States Census Bureau will ask specifically for same-sex couples to identify themselves. Other questions on the form include age, sex, Hispanic origin, race, relationship status, homeownership status, and citizenship.

Rather than the usual under-representation faced by the LGBTQ+ community, same sex couples have apparently been over-counted by the Census Bureau. In past counts, the Bureau established the number of same sex couples by combining answers from the question regarding the respondent’s sex, and the question as to whether they had a husband, wife, unmarried partner, or no partner. The Census Bureau then combined those answers and determined whether a couple was considered same-sex or not. However, research into the 2010 census showed that the majority of same sex couples in the 2010 census were recorded as opposite sex couples in Social Security files. Additionally, 2020 will avoid a miscount by … Read More... “Same Sex Couples Count for the 2020 Census”

Gay Marriage Alert: Masterpiece Cakeshop Court Case is Finally put to Rest…For Now

PUBLISHERS NOTE: I want to thank Ashlyn Gallant, a third year law student at the University of Dayton School of Law, who researched and wrote this same-sex alert blog article. She is externing with us for the summer. Well done Ashlyn!

Supreme Court Rules In Favor Of Baker In Same-Sex Religious Freedom Case

It seems as though it was just yesterday that the news came out stating that a baker in Colorado refused to bake a cake for a same-sex couple’s wedding due to his religious beliefs against same-sex marriage. Outrage broke out on both sides of the spectrum. LGBT+ activists took to their platforms and religious freedom was put to the test. As of June 4, 2018, the case has been decided, but not for the reasons one would think.

The Supreme Court released their decision and as a result, some are in complete disbelief. The Court’s narrow holding allowed the Baker to walk away vindicated after six long years of turmoil. However, the true issue is one that will still remain undecided because while the Court decided the case for the Baker, they didn’t decide it in his favor because they agreed that his religious freedom trumped … Read More... “Gay Marriage Alert: Masterpiece Cakeshop Court Case is Finally put to Rest…For Now”

Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court

U.S. Supreme Court Upholds Arizona Supreme Court Same-Sex Custody Case Decision

The U.S. Supreme Court declined on February 22, 2018, to hear an appeal of a case where the Arizona Supreme Court found that a lesbian woman should be recognized as the legal parent of the child she and her former wife conceived through artificial insemination during their marriage.

The case, stems from a custody dispute between Kimberly McLaughlin and Suzan McLaughlin. The couple was legally married in California in 2008, and chose to have a child via artificial insemination and an anonymous sperm donor. In 2011, Kimberly gave birth to the couple’s son. Two years later, she left with the child and cut off all communication between Suzan and their son. Upon filing for divorce, Suzan sought parenting time based upon an Arizona law regarding the presumption of parentage. Specifically, the law states that a child born to a woman within 10 months of her marriage is presumed to be biologically related to the father. However, Kimberly claimed that she cannot be required to share custody of her biological child because this presumption clearly states that it only applies when the other spouse is a man.

U.S.

Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates

Supreme Court Rules States May Not Treat Same-Sex Marriage Couples Differently From Others When Issuing Birth Certificates

On Monday, June 26, 2017, the United States Supreme Court reversed a decision from the Arkansas Supreme Court. The decision that was just overruled by the United States Supreme Court was monumental in that the Supreme Court reaffirmed its 2015 decision, Obergefell v. Hodges, recognizing constitutional rights to same-sex marriage. The Supreme Court ruled that states may not treat married same-sex couples differently from others when issuing birth certificates. The case in question, Pavan v. Smith, concerns an Arkansas law that treated same-sex couples differently than opposite sex-couples.

In Pavan, married lesbian couple had jointly planned their child’s conception by means of an anonymous sperm donor. However, when the parents went to list both moms as parents on the birth certificate, Arkansas state officials would only allow the biological mom to place her name on the certificate. Unfortunately, under Arkansas law, same-sex couples were unable to have a same-sex spouse listed as a parent, whereas an opposite-sex couple could automatically have a non-genetic father listed on the birth certificate. The court ruled this unjust as there was a violation … Read More... “Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates”

LGT Parent: What Impact Does It Have On a Child?

“‘Not a big deal’? exploring the accounts of adult children of lesbian, gay and trans parents (LGT)”

lgt parent A recent article in Psychology & Sexuality, studied the effects that having an LGT (lesbian, gay, transexual) parent has on adult children. Because most research to date has centered on younger children and their well-being at the time, the authors of the article wanted to look at how these children feel now that they are adults and have families of their own. Entitled, “‘Not a big deal’? exploring the accounts of adult children of lesbian, gay and trans parents,” authors Victoria Clarke and Eleni Demetriou surveyed 14 adults. Thirteen of the subjects were born to a heterosexual couple where one partner was later outed as gay, lesbian or trans.

In their research, the authors hoped to learn what impacts, if any, these children who were now adults, experienced during their formative years. The participants included 13 women and 1 man who ranged in age from 21 to 60 and completed on-line questionnaires in lieu of in-person interviews.

Adult Children Of LGT Parents Not Damaged By Parents’ Sexuality/Gender Identity Study Finds

Historically, research has shown that children within these families do not consider … Read More... “LGT Parent: What Impact Does It Have On a Child?”

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