NY court hears case against gay marriage benefits
Lawyer Blogs
A Christian legal group seeking to stop New York agencies from recognizing same-sex marriages performed outside the state argued in the state's highest court Tuesday that the practice amounts to a policy decision that requires approval by lawmakers.
Attorney Brian Raum told state Court of Appeals judges that a law their court upheld three years ago defines marriage as between one man and one woman, based on "well established public policies linking marriage in New York to procreation and the welfare of children."
Raum's group — the Alliance Defense Fund of Scottsdale, Ariz. — is representing New York plaintiffs who are challenging state and county benefits for spouses of same-sex couples married in Canada or states where those marriages are legal.
The state has exceptions for marriages performed elsewhere that are considered abhorrent in New York, including incest and polygamy. Raum argued that same-sex marriage should be regarded as another exception.
He acknowledged when questioned by judges that a bill to legalize same-sex marriage in New York recently passed the state Assembly. He also acknowledged that the law defining marriage is a century old, and some more recent statutes protect gays in New York from discrimination.
Related listings
-
Court to decide constitutionality of bad advice
Lawyer Blogs 10/13/2009Supreme Court justices are questioning whether defendants should expect their lawyers to advise them on all the possible consequences of a guilty plea before it is submitted to a court.Jose Padilla wants his guilty plea to drug charges thrown out. Th...
-
Fla. appeal court again rules against NCAA
Lawyer Blogs 10/13/2009A Florida appellate court again has rebuffed the NCAA's effort to prevent public release of documents on academic cheating at Florida State.The 1st District Court of Appeal late Monday denied the college athletics organization's motions for a reheari...
-
Prison time, felony charges rare for relic looters
Lawyer Blogs 10/12/2009Sentences of probation — not prison time — for a southern Utah mother and daughter who pleaded guilty to illegal trafficking of Indian artifacts last month weren't out of the ordinary. A 10-year analysis of prosecutions under a law meant to punish ar...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.