Constitutional Law › Family Law

Minnesota Gov. Signs Marriage Equality into Law

Months after Minnesota voters declined to enshrine a ban on gay marriage in the state constitution, Gov. Mark Dayton today signed a bill that permits gay and lesbian couples to tie the knot....more

Gay Moms Get True Marriage Equality in Iowa

The Iowa Supreme Court ruled on May 3 that the state must recognize children born to lesbian couples as having two parents on their birth certificate, ensuring full parental rights for both parents and equal treatment for gay...more

Supreme Court Oral Arguments on DOMA, Proposition 8: Potential Employee Benefit Plan Implications

On March 26 and 27, 2013, the Supreme Court of the United States heard oral arguments in cases challenging the constitutionality of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8. A Supreme Court...more

Changes to NJ Child Support Guidelines Would Reflect Tough Times

Child support guidelines are an integral part of many New Jersey divorce proceedings involving children. The forms are completed by both parents and are considered by the court when establishing or modifying child...more

Illinois Inches Closer to Legalizing Same-Sex Marriage

While a bill legalizing gay marriage awaits enough support in the Illinois House of Representatives, the Cook County clerk is not defending against a lawsuit brought against the county by gay couples who say its refusal to...more

U.S. Supreme Court Hears DOMA Case—Now What?

Last week, the U.S. Supreme Court heard oral arguments in United States v. Windsor, 12-307, a case that raises the question of whether the Defense of Marriage Act (DOMA) is constitutional. Among the various groups that are...more

Was this week the beginning of the end for DOMA?

Hi there, This week had two days of arguments on gay marriage at the Supreme Court. The first case dealt with a challenge to the California law known as Prop. 8, which overturned the California Supreme Court’s...more

In Plain English…What are the Legal Issues at Stake in Same-Sex Marriage?

Most everyone is aware that the United States Supreme Court heard two historic cases this week focused on same-sex marriage. One involves California’s Proposition 8 banning same-sex marriages (which was then rendered...more

Supreme Court Could Strike Down Defense of Marriage Act

The U.S. Supreme Court heard two hours of arguments today over the Defense of Marriage Act, which bans federal recognition of same-sex marriage....more

Will Supreme Court Punt on Gay Marriage Case?

The U.S. Supreme Court today heard arguments in a case that could potentially grant marriage rights to gay couples in all 50 states, but the justices indicated that they would punt the issue instead....more

Why the Supreme Court Will Rule in Favor of Gay Marriage

Originally published in The Huffington Post on March 25, 2013. We are on the threshold of a historic decision on individual rights by the Supreme Court of the United States as it considers two cases involving same-sex...more

Argument Report: The Constitutional Implications of Advance Payment Retainers and Divorce Claw-Back

Earlier this week, the Illinois Supreme Court heard oral arguments in Earlywine v. Earlywine. In a fascinating, albeit one-sided argument (there was no appearance for the appellee), the Justices actively debated a wide...more

Historic Gay Marriage Cases Before Supreme Court Next Week

The U.S. Supreme Court will hear arguments next week in two cases that have the potential to change the face of LGBT rights and bring marriage equality to all Americans....more

Passage Of Controversial Law Could Tarnish Florida’s Reputation As International Dispute Resolution Center

You may not have heard of the think tank called the American Public Policy Alliance (APPA), or its “American Laws for American Courts” initiative, which “was crafted to protect American citizens’ constitutional rights against...more

Court Upholds LGBT Adoption Ban in Puerto Rico

The Puerto Rico Supreme Court last week upheld the island’s ban on same-sex couples adopting children, noting that the legislature could change the law if it wished. ...more

Supreme Court Review of Same-Sex Marriage Cases Could Require Significant Changes to Employee Benefits

In our 2012 End of Year Plan Sponsor “To Do” Lists, we indicated that there was a strong possibility that the Supreme Court would grant certiorari this term in a series of cases challenging Section 3 of the Defense of...more

The Estate Tax Consequences of the Defense of Marriage Act for Same-Sex Couples

As of January 1, 2013, the Civil Marriage Protection Act legalized same-sex marriage in the State of Maryland. From the estate-planning perspective, the passage of this law clarified many points that had been problematic for...more

Rhode Island House Passes Same-Sex Marriage Bill

On January 24, 2013, the Rhode Island House of Representatives passed a bill (51-19) legalizing same-sex marriage and affording same-sex couples the same rights as heterosexual couples. If passed by the Senate, Rhode Island...more

Michigan Court of Appeals Approves Health Benefits for Unrelated Co-Residents of State Employees

On January 8, 2013, the Michigan Court of Appeals, in a two-to-one decision, held that the Michigan Civil Service Commission could extend eligibility in the State Health Plan to “other eligible adult individuals” (OEAI) who...more

Same-Sex Marriage Cases in 90 Seconds [Video]

Jan. 14 (Bloomberg) -- Will the U.S. Supreme Court weigh in on same-sex marriage, or sidestep the issue? Oral arguments are scheduled for March 26th and March 27th. Expect rulings in June. This video, from Bloomberg...more

LGBT Marriage Bills Coming in Illinois, Rhode Island

Lawmakers in Illinois and Rhode Island are set to consider same-sex marriage bills early this year, which could make them the 10th and 11th states to bring marriage equality to their residents. Illinois fell just short...more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

Langarica v. County of Los Angeles

Appellate Opinion

After hospital staff got into a dispute with Appellant, Antonio Langarica, the hospital defendants convinced the social worker defendants that Antonio had a bad attitude and needed to be brought into line. They then worked...more

Conviction for Possession of Materials to Produce Methamphetamine Reversed

Pacoima police received information that a shoe store there was selling narcotics. The police then put the store under surveillance. On February 2, 2009, police saw Carlos Garcia go into the store and leave with a large white...more

Legal Alert: Supreme Court Set To Rule On Same-Sex Marriage

The U.S. Supreme Court has agreed to hear two cases involving the issue of same-sex marriage; the Second Circuit's decision finding the federal Defense of Marriage Act (DOMA) unconstitutional and a Ninth Circuit Decision...more