Archive for the ‘Civil Unions’ category

Law Professors Urge New York’s High Court to Protect Functional Parent-Child Relationships Columbia Sexuality and Gender Law Clinic Submits Statewide Amicus Brief on Behalf of 45 Family Law Scholars from All 15 Law Schools New York, February 9, 2016 – Professors from every one of New York’s 15 law schools are urging the state’s highest […]

My remarks at a recent gathering at UCLA Law School recognizing the 40th anniversary of Roe and the 10th anniversary of Lawrence. Liberty, Equality & Sexual Freedom: A View from 29 Palms Katherine Franke[1] The occasion to reflect on the 40th anniversary of Roe v. Wade[2] and the 10th anniversary of Lawrence v. Texas[3] at […]

This week the British government introduced a bill into Parliament that would allow same-sex couples to marry.   While the bill may signal progress on the issue of marriage equality in Britain, some details about the bill and the circumstances surrounding it are worth noting: – Britain now has a civil status called “Civil Partnerships” which […]

  The defenders of Proposition 8 have officially filed for en banc review in the 9th Circuit. This means that they’re pursuing a strategy of appealing to a larger panel of intermediate appellate judges in California before appealing to the Supreme Court. The consequence of this maneuver is that the U.S. Supreme Court will not […]

Rainbow flags and corsages were waving high in front of the Stonewall Inn in Greenwich Village last night.  There’s much to celebrate about the 9th Circuit’s ruling issued yesterday confirming the lower court finding that Proposition 8 was unconstitutional.  As I noted yesterday and Nan Hunter pointed out as well in her reading of the […]

The 9th Circuit just issued its decision in the Prop 8 case, upholding by a vote of 2-1 the lower court’s finding that Prop 8 was unconstitutional.  They did so, importantly, on very narrow grounds – resting the holding on the specific facts and circumstances surrounding the passage of Proposition 8.  They made clear that […]

It’s funny, when I was writing my dissertation many years ago, my adviser said to me: “Katherine, you’re really a libertarian when it comes to gender, aren’t you?”  At the time I resisted the moniker, but is “libertarian” worse than “liberationist”?  Who, on the 4th of July of all days, wouldn’t want to be called […]

This is exactly what I was worried about when I wrote the Op-ed in the New York Times last week.  From today’s Wall Street Journal: Gay Couples Losing Perks Legal Same-Sex Marriage in State Leads Companies to Cut Partner Benefits By JOANN S. LUBLIN And DANA MATTIOLI The legalization of gay marriage in New York […]

From today’s New York Times (and the headline wasn’t my choice, I preferred Marriage: It’s Complicated).  It’s hysterical that the Times is running ads for diamond wedding rings right above the Op-ed. Marriage Is a Mixed Blessing WILL the New York State Legislature ultimately put itself on the right side of history by allowing same-sex […]

The Delaware governor, Jack Markell, is prepared to sign into law a new Civil Union bill, making Delaware the 8th state to pass a law that creates a civil status functionally equivalent to marriage (at least on a state level until DOMA is repealed).  These laws have come to be called “Everything but Marriage” laws. […]

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