Could Same Sex Marriage Case Affect Same Sex Adoptions in Michigan?

Melissa Cox, Esq.

A Michigan same-sex couple, April DeBoer and Jayne Rowse, have been at the center of the recent news coverage on the upcoming United States Supreme Court case on same sex marriage. The Supreme Court heard arguments on the case last week.

DeBoer and Rowse are both nurses who have each separately adopted two children. The Michigan Adoption Code allows individuals or married couples to adopt but not two unmarried persons.  Effectively, the law does not permit same-sex couples to jointly adopt.

The couple originally did not expect to be leading the way on marriage equality. However, after a health scare with one of their sons and a near-miss on what could have been a deadly car accident, they started to look more closely into the state’s laws. The couple discovered that if one of them died, a judge could give the children to someone other than their partner.

That led to their challenge of Michigan’s marriage law.

An estimated 110,000 thousand children across the country live with gay parents. If the Supreme Court strikes down same-sex marriage prohibitions, then states like Michigan that currently ban same-sex marriage would almost certainly see an increase in adoptions by same sex spouses.

If such couples are allowed to legally marry after the Supreme Court’s decision, then, DeBoer and Rowse, for example, could jointly adopt their four children together through a stepparent adoption, whereby a child can be adopted by their legal parent’s spouse.

However, other types of adoption may not increase so easily, as efforts are already underway in Michigan and other states that would may preempt the Supreme Court’s impending decision on gay marriage. In particular, legislation was recently introduced that would allow an adoption agency to select who they service based on “sincerely held religious beliefs contained in a written policy” (of the adoption agency).

Thus, whatever the Supreme Court’s decision on gay marriage, it appears the debate over same-sex adoption will continue in the coming years.

If you have any questions about adoptions in Michigan or questions about the Michigan Adoption Code, don’t hesitate to contact Attorney Melissa Cox. The adoption process can be complex, and at Fausone Bohn, LLP we serve as strong client advocates. Contact our Metro Detroit Office today at 248-468-4536 or visit us online at www.fb-firm.com.

You can read more on the upcoming Supreme Court case here: http://www.npr.org/2015/04/20/401007033/meet-the-accidental-activists-of-the-supreme-courts-same-sex-marriage-case

The State of Colorado Finalizes First Gay Divorce

Melissa A. Cox, Esq.

 

Last month, the State of Colorado finalized the first legally recognized same-sex divorce case.

Juli Yim and Lorelei Jones were married in Massachusetts in 2009, where same-sex marriage is legally recognized.  In July 2013, Colorado legalized their divorce making them the first recognized same-sex marriage to be legally dissolved.

Although gay couples are not permitted to marry in Colorado, gay couples who were legally wed elsewhere can seek and obtain a divorce under the Colorado state statute.

On the contrary, the Texas Court of Appeals recently dismissed a divorce action ruling that the Texas state statute did not provide for divorce of same-sex couples. The Texas Supreme Court has taken the issue on appeal but has not yet heard arguments in the matter.

Read more: http://www.myfoxdc.com/story/22966251/first-gay-divorce-finalized-in-colorado#ixzz2dCkd79ld

http://blogs.dallasobserver.com/unfairpark/2013/08/texas_supreme_court_to_decide.php

If you have questions about Michigan divorce law, contact attorney Melissa Cox at (248) 380-0000.

 

Veterans Benefits for Same Sex Couples

Kristina Derro, Esq.

 

Just two years ago, gay and lesbian individuals were prevented from serving openly in the military.  Now, same sex spouses of these veterans and service members will be able to share in their government benefits.

In a recent decision, the United States Supreme Court invalidated a portion of the Defense of Marriage Act which denied federal benefits to same sex couples married legally in their states.  This law has a large impact on the same sex spouses of veterans – they will now be able to get help with college tuition, can be buried in a national cemetery, and may be eligible for other financial spousal benefits.  Additionally, these spouses will now be able to receive indemnity pay for the death of a spouse in the military.

President Obama has directed Attorney General Eric Holder to work with cabinet members to ensure that these benefit changes are implemented swiftly and smoothly.  Congress may need to amend the statutes governing VA benefits.  Currently, the statutes don’t recognize a same sex marriage between two residents of a state that hasn’t legalized same sex marriage – even if that couple was married in a state that has.  Legislation to correct this has already been introduced into Congress.

The implementation of these new benefits for same sex couples will make a significant financial difference for many of these veterans.  For instance, a veteran considered 100% disabled is eligible for compensation amounting to $2,816 per month.  However, if that veteran has a spouse, they may receive $2,973 per month – a difference of $1,900 annually.

If you have questions about veteran benefits, contact Legal Help For Veterans at 800-693-4800 or on the web at www.legalhelpforveterans.com. 

 

To learn more about the impact the Supreme Court’s DOMA ruling has on veteran benefits, please visit: http://www.huffingtonpost.com/2013/06/28/gay-veterans-supreme-court_n_3515999.html.