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I. Gay and Lesbian Parents Have Not Won by Invoking Constitutional Rights
Times News Platforms. Times Store. Facebook Twitter Show more sharing options Share Close extra sharing options. In a case, L. We answer that question in the affirmative. The appeals court rejected her argument. Maxwell, a lesbian mother was successful in overturning a custody award to the heterosexual father, but her ability to live with her partner remained an issue on remand, thereby demonstrating the limits of lower court applications of Lawrence. Evans 62 for the error of singling out the mother for disparate treatment and Palmore v.
In Maxwell , as in Sirney and numerous other cases, 67 the restriction imposed limits on the presence of any nonmarital partner as though that rendered the order more acceptable than a ban on a same-sex partner.
U.S. Supreme Court backs Christian baker who rebuffed gay couple | Reuters
An unreported California opinion gets the reasoning right without citing Lawrence or any constitutional principle. What the court could not do was restrict her presence only for as long as the couple remained unmarried. This is the proper focus for a court deciding custody or visitation. Losing this focus could cause a supporter of same-sex marriage to believe that the problem with the restriction on the presence of a nonmarital partner is that same-sex couples cannot marry.
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Marriage should always be irrelevant. A Maryland opinion provides a clear, unmistakable articulation of the nexus test in the context of a nonmarital partner:. In all family law disputes involving children, the best interests of the child standard is always the starting—and ending—point. A distinct rule concerning the presence of a nonmarital partner, even one as narrowly drawn as that in Maryland, singles out the existence of a nonmarital relationship as though that factor requires special monitoring by a court.
It does not. The latitude parents have in raising their children should rarely be curtailed, and one standard should apply to all parental decisions. Just as the nexus test for sexual orientation implies that a child might be uniquely harmed because a parent is gay or lesbian, the nexus test for the presence of a nonmarital partner implies that a child might be uniquely harmed because the parent has a new romantic partner he or she has not married. Neither of these implications is appropriate.
U.S. Supreme Court backs Christian baker who rebuffed gay couple
In theory, there is a role for Lawrence v. But as the reasoning of Bauer v.
Constitutional principles have not succeeded in the past, and if past is prologue, then that is unlikely to change. Nan D. See, e. Hunter, Living With Lawrence, 88 Minn. See Johnston v. The state changed its regulations and did not appeal. State constitution—based liberty arguments have been successful in Arkansas Department of Human Services v.
Cole , S. Adoption of X. Gary J. Focus , Winter , at F1. Bauer In re Marriage of Bauer , No. G , WL Cal.