Mapping the sliding scale of same-sex relationship rights

by on July 20, 2009  •  In Family law, Marriage, States

Joanne Grossman (Hofstra Law) and Ed Stein (Cardozo Law) have posted a very useful new column at Writ in which they analyze current same-sex relationship rights as a sliding scale. The column provides a succinct summary of where each state stands as to recognition of couple rights for same-sex partners, ranging from marriage equality to non-recogntion to state constitutional amendments prohibiting recogntion. Grossman and Stein see the same lavender ceiling coming that I do: "In sum, although the developments in the same-sex marriage have been fast and furious at times, we are likely to see a slower pace in the coming years." More movement to marriage recogntion will come in the next few years, but it's going to be slow going after that, at least until ongoing demographic change gels into legislative action.


One Response to Mapping the sliding scale of same-sex relationship rights

  1. Nancy Polikoff July 23, 2009 at 9:41 AM

    The article’s characterization of domestic partnership in DC is inaccurate. DC does not below with Hawaii, Maryland, and Colorado. Domestic partnership here gets the couple all the legal consequences of marriage. The only difference, I believe, is that it can be terminated without going to court. But the economic consequences of divorce attach — equitable property and supprt — so if the couple doesn’t agree on those terms they will wind up in court anyway. Also, as an aside, we allow different-sex couples to register, as does Nevada. As of July 18, we also recognize a lesbian couple as the parents of a child born to one of them using donor insemination whether or not they are registered domestic partners.

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