a legal guide for lesbian and gay couples 11th (2002)

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a legal guide for lesbian and gay couples 11th (2002)

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[...]... relationships, as well as serving as mediator and arbitrator in non-marital dissolutions Fred cofounded the San Francisco AIDS Legal Referral Panel and is the author of Legal Affairs: Essential Advice for Same-Sex Couples (Owl Books) Fred lives in the Bay Area with his partner, and has been active in the lesbian and gay legal community for more than 15 years Fred was a friend and colleague of Hayden’s,... are many similar experiences in being a lesbian and being a gay man (calling a lesbian a ‘Dyke’ and calling a gay man a ‘Faggot’ hurt in much the same way) The law, too, treats the two com- munities as one But aside from the anatomical, there are many differences between lesbians and gay men One major difference is economic As Phyllis Lyon, a lesbian activist in San Francisco, pointed out to us, gay. .. include information on lesbian and gay marriages because any Legal Guide for Lesbian and Gay Couples should include it, and because many readers have asked for it A Same-Sex Marriage In 1978, the United States Supreme Court declared marriage to be “of fundamental importance to all individuals” (Zablocki v Redhail) The court described marriage as “one of the ‘basic civil rights of man’” and “the most... Louisiana Heterosexual and homosexual sodomy illegal Maine No sodomy law Maryland No sodomy law Massachusetts Heterosexual and homosexual sodomy illegal 20 years Michigan Heterosexual and homosexual sodomy illegal 15 years Minnesota Heterosexual and homosexual sodomy illegal 1 year Mississippi Heterosexual and homosexual sodomy illegal 10 years Missouri Homosexual sodomy illegal 1 year Montana No sodomy... “family,” and • adult adoptions The debate over same-sex marriage has profoundly transformed the lesbian and gay community For many, the right to marry is a basic civil right—as long as lesbians and gay men are denied the right to marry their lovers, they will be consid- ered second-class citizens And as long as society offers benefits based on the status of marriage, then lesbian and gay couples want... may prove reluctant to grant a same-sex adult adoption when it is clear that the relationship is a sexual one Adoption connotes parent and child; to allow lovers to use it to confer legal status upon themselves is repugnant to many people Same-sex lovers planning to adopt face additional potential barriers: • state laws barring adult adoptions—Alabama, Arizona, Hawaii, Michigan, Nebraska and Ohio all... Index About the Authors (A little bit of history) First Edition A Legal Guide for Lesbian and Gay Couples was first published in 1980 At that time, Hayden Curry and Denis Clifford were partners in the Oakland, California, law firm of Clifford, Curry and Cherrin They had met in 1967, in a special training program for recent law school graduates going into poverty law, and later worked together for several... laws—to find out about any changes, check the website of the National Gay and Lesbian Task Force, at http:// www.ngltf.org, or the ACLU’s website, at http:// www.aclu.org I/3 INTRODUCTION State Status of sodomy law Maximum sentence Alabama Heterosexual and homosexual sodomy illegal, except for married couples 1 year Alaska No sodomy law Arizona No sodomy law Arkansas Sodomy law invalidated by lower court... appeal was pending, Hawaii voters passed a constitutional amendment banning same sex marriage This new law effectively ended the case Although in the end Hawaii did not permit samesex marriage, when the case was pending the “threat” of legalized gay marriage was in the air The furor unleashed by the Hawaii case caused many state legislators to pass laws banning samesex marriage The federal government also... demand concurrent vacation schedules In addition, property acquired together is considered jointly owned unless an agreement states otherwise Germany Gay and lesbian couples may register same-sex partnerships Registered partners have the same inheritance rights as married couples, and may adopt the same last name, but they do not have the same tax advantages and rights to adopt that married couples have . Edition A Legal Guide for Lesbian and Gay Couples was first published in 1980. At that time, Hayden Curry and Denis Clifford were partners in the Oakland, Cali- fornia, law firm of Clifford, Curry and. Obviously, there are many similar experiences in being a lesbian and being a gay man (calling a lesbian a ‘Dyke’ and calling a gay man a ‘Faggot’ hurt in much the same way). The law, too, treats the two. Book I/7 I/2 A LEGAL GUIDE FOR LESBIAN AND GAY COUPLES T his book is designed to help lesbian and gay couples understand the laws that affect them and take charge of the legal aspects of their lives.

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  • Table of Contents

  • About the Authors

  • Introduction

    • A. Lesbians, Gay Men and “The Law”

    • B. Some Words About Words

    • C. Using the Forms in This Book

    • D. Icons Used in This Book

    • 1 Creating Family: Marriage, Domestic Partners and More

      • A. Same-Sex Marriage

      • B. Domestic Partnerships

      • C. Other Gains for Gay and Lesbian Families

      • D. Adult Adoption—Another Way to Cement a Relationship

      • E. The Sad Side of “Marriage”

      • 2 Living Together and the Real World

        • A. Can I Take My Lover’s Last Name?

        • B. Renting an Apartment or House Together

        • C. Will I Lose My Public Benefits If My Lover Moves in With Me?

        • D. Cash and Credit

        • E. Insurance

        • F. Can My Foreign Lover Come Visit or Live With Me?

        • 3 I’m Mom, She’s Mommy (Or I’m Dad, He’s Papa)

          • A. Becoming a Legal Parent

          • B. Protections for “Unrecognized” Co-Parents

          • C. Having Your Own Child

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