Hat tip: Lauren Forrest of BestCounselingDegrees.com. (Disclaimer: we didn’t put together this graphic and aren’t affiliated with its creator)
Image source: www.bestcounselingdegrees.com
08 Thursday Aug 2013
Posted Marriage
inHat tip: Lauren Forrest of BestCounselingDegrees.com. (Disclaimer: we didn’t put together this graphic and aren’t affiliated with its creator)
Image source: www.bestcounselingdegrees.com
22 Monday Jul 2013
Posted Marriage
inTags
Alan Krusch, Attorneys, Charlotte, David Krusch, DOMA, Gay Marriage, Krusch & Sellers, Marriage, Supreme Court
The debate continues as to what the lasting impact of Supreme Court’s recent rulings on gay marriage will be on the marital status of international same sex couples. Read this letter to the editor to the New York Times from the lead attorney of the Edie Windsor case, as well as the article with which she disagrees. We are far from both a legal and national consensus on just what SCOTUS actually means on these issues.
26 Wednesday Jun 2013
The Supreme Court has ruled that the Defense of Marriage Act (DOMA) is unconstitutional. Read the full opinion here.
27 Wednesday Mar 2013
Posted Marriage
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Alan Krusch, Attorneys, Charlotte, David Krusch, DOMA, Gay Marriage, Krusch & Sellers, Mecklenburg County, North Carolina
In an update of an earlier post on the 1996 Defense of Marriage Act, the Supreme Court today heard oral arguments regarding the constitutionality of the law that defines marriage as between one man and one woman. Currently, same-sex marriages are legalized in nine states and the District of Columbia. Supreme Court experts claim that there is an 80% chance the law will be struck down. The actual case before the Court is that of Edith Windsor, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009. For a brief case history and audio of the oral arguments, visit here.
18 Thursday Oct 2012
Posted General Information, Marriage
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Attorneys, Charlotte, Court of Appeals, DOMA, family law, Gay Marriage, Krusch & Sellers, Lawyers, Marriage, Mecklenburg County, North Carolina, Supreme Court
In an update of a previous post on the constitutionality of the Defense of Marriage Act of 1996, the 2nd U.S. Circuit Court of Appeals today struck down the law as unconstitutional, saying that it violated the Equal Protection Clause of the Constitution. The 2nd Circuit, which is housed in Manhattan, is the second appeals court to strike down DOMA, joining the Boston-based 1st Circuit which declared the law unconstitutional on similar grounds earlier this year. The issue is expected to be decided by the Supreme Court in the near future.
28 Friday Sep 2012
Posted General Information, Marriage
inTags
Charlotte, Court of Appeals, DOMA, family law, Gay Marriage, Krusch & Sellers, Marriage, North Carolina, Supreme Court
Obviously, we are all aware that the current debate surrounding marriage in the United States is politically and emotionally charged. While this blog is not intended espouse any personal views on the subject, we believe it is important to update our readers on family law-related issues developing in our state and throughout the country.
The Second Circuit Court of Appeals recently heard oral arguments on the constitutionality of the Defense of Marriage Act (DOMA), the act of Congress which defines marriage as between one man and one woman. It should be noted that the First Circuit heard similar arguments earlier this year and declared DOMA to be unconstitutional. The arguments set forth by lawyers for House Republicans are summed up here by Buzzfeed.
Paul Clement, the Republicans’ lawyer, said while citing a case from 1885 regarding polygamy: “there’s no way to preserve the definition of marriage [as one man and one woman] other than by preserving the definition. It becomes somewhat circular.”
The nation will be keeping a close watch on the Circuit Courts’ decisions on this issue until such time that the Supreme Court decides to hear arguments, if at all.