A Review of the Year in Family Law 2012–2013: A Banner Year for Same-Sex Couples
Posted: 29 Jul 2017
Date Written: July 26, 2017
The volume of cases this year involving same-sex marriage, including one from the United States Supreme Court (United States v. Windsor) striking part of the Defense of Marriage Act, federal courts invalidating state bans on equal protection grounds, and several additional states allowing same-sex couples to marry, left little doubt of this year’s central theme. In addition, another Supreme Court case interpreted the application of the Indian Child Welfare Act to an out-of-wedlock child and a third examined whether a return order made an appeal moot under the Hague Convention on the Civil Aspects of International Child Abduction. While state cases ran the predictable course in the usual topics, this year some areas saw more activity than before. For example, a large number of cases discussed alternative dispute resolution, surrogacy contracts, same-sex parenting issues, and jurisdiction to grant a divorce.
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