Lesbians

Last month, the U.S. Supreme Court issued two eagerly anticipated rulings in major gay marriage cases. In United States v. Windsor, the challenge to the Defense of Marriage Act, the Court struck down Section 3 of DOMA. In Hollingsworth v. Perry, the challenge to California’s Proposition 8 ban on gay marriage, the Court held that the petitioners lacked standing to appeal, vacated the decision of the Ninth Circuit, and remanded with instructions to dismiss the appeal for lack of jurisdiction. This left the district court’s ruling intact and had the effect of allowing same-sex marriages to take place in California (although there’s some litigation winding its way through the courts on this matter).

Now that we have the decisions, let’s take a deeper dive into them. What do they reflect about the Court’s role in society? And what can we expect from future SCOTUS rulings in this area?

double red triangle arrows Continue reading “After Perry & Windsor: A Conversation About The Supreme Court’s Rulings”

‘Ding Dong, DOMA’s Dead’ (click to enlarge).

How many parades feature successful Supreme Court litigants? Or signs about federal statutes?

But New York City’s Gay Pride March, held every year on the last Sunday in June, is no ordinary parade. Here are some photos I took yesterday that the legal nerds among you might appreciate….

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It’s just been confusing. We’ll just be glad to do our taxes just like any other family.

Andrew Cohen, a lawyer in New York who married his husband last year, discussing one effect of the Supreme Court’s ruling in United States v. Windsor, which struck down section 3 of the Defense of Marriage Act.

(Additional DOMA discussion, after the jump.)

double red triangle arrows Continue reading “Good News For Divorce Lawyers, Bad News For Tax Lawyers?”


The front of the Supreme Court building: ‘Equal Justice Under Law.’ (Click to enlarge.)

The Supreme Court was called to order at 10:00 a.m. sharp. The Chief Justice announced, “Justice Kennedy has our first opinion of the day in case number 12-307, United States v. Windsor. Everyone, in the bar members section at least, knew that this was the Defense of Marriage Act case.

That Justice Kennedy was announcing the opinion was significant; he wrote Lawrence v. Texas. Still, no one knew if the Court would reach the merits, since the Solicitor General had announced that the Executive Branch would not defend the constitutionality of DOMA.

Justice Kennedy is an orderly man. He set out the procedural background – Edith Windsor and Thea Spyer were married legally in Canada, then came home to New York. Their same-sex marriage is lawful where it was performed and where they lived. Spyer died and left her estate to Windsor. Windsor sought to claim an estate tax exemption for the death of a spouse. DOMA prevented the IRS from recognizing Spyer as Windsor’s spouse. Windsor paid the tax, then challenged DOMA. She won in the district court and the Second Circuit. Justice Kennedy explained how a bipartisan committee found counsel to defend DOMA, and how DOMA was defended ably in the Supreme Court.

(As an aside, Paul Clement took heat for defending DOMA for Congress. When you think about it, if he hadn’t defended it well, the Supreme Court may not have thought it could reach the issue. Paul Clement may be the unsung hero of the DOMA decision.)

So, Kennedy concluded, the Court could reach the merits of whether DOMA is constitutional.

Though a hopeful sign for those who would cheer the demise of DOMA, the decision wasn’t entirely clear….

double red triangle arrows Continue reading “The Supreme Court Holds That It Is Unconstitutional For The Government To Hate Gay People”

The headline in The Onion, which we noted earlier today, pretty much says it all: “Impatient Nation Demands Supreme Court Just Get To The Gay Stuff.” Today, the last day of the Term, SCOTUS granted our wish, issuing its long-awaited rulings on gay marriage in California and on the federal Defense of Marriage Act.

Last night, I attended the New York City Bar Association’s annual reception and cocktail party celebrating LGBT Pride Month. M. Dru Levasseur of Lambda Legal and Lisa Linsky were honored for their work advancing LGBT rights. In her eloquent remarks, Linsky noted that despite all the progress of our community, and regardless of what the Supreme Court rules today, many battles remain to be fought.

How many more battles, and of what intensity? Let’s find out what the Court just decided, on the tenth anniversary of the landmark decision in Lawrence v. Texas….

Please note the multiple UPDATES added below.

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The fact that they can’t get married in Texas is a legislative issue. It’s not really our issue.

Paul Key, a Texas lawyer who successfully convinced a judge to enforce a “morality clause” in his client’s divorce decree barring his kids from visiting their mother because she’s unmarried and lives with her lesbian partner. If the couple could marry, the clause would not apply, but… Texas.

He is a smart man. He is a good man. I believe he sees where the tide is going. I do trust him. I absolutely trust that he will go in a good direction.

Jean Podrasky, lesbian cousin to Chief Justice John G. Roberts, commenting on her hopes for her cousin’s thinking about the gay marriage cases being argued before the Supreme Court this week.

About to kiss, or kill each other?

Marriage can be a tricky business, especially when it comes to an end. Just ask the former Skadden partner whose remarkable departure memo has everyone talking. Both his former and current marriage have attracted a lot of attention.

And at least his marriages were between one man and one woman. When same-sex unions fall apart, things can get especially complicated….

double red triangle arrows Continue reading “The Gay Divorcees: From Marriage Equality to Divorce Equality”

* As President Barack Obama’s position on gay marriage continues to “evolve,” we’re left wondering what exactly Solicitor General Donald Verrilli will say come Supreme Court oral arguments showtime in late March. [New York Times]

* “This is a chilling document.” The moment you’ve been waiting for has arrived: the DOJ memo about the Obama administration’s most secretive and controversial policy, the legal justification of drone strikes against American citizens, was leaked. [NBC News]

* In the litigation blame game, the Department of Justice has a lawsuit cooking against Standard & Poor’s, the supposed “key enablers of the financial meltdown,” over the agency’s mortgage bond ratings. [Reuters]

* Many pieces from Dewey & LeBoeuf’s massive art collection were auctioned off on Friday for $528,120. The failed firm’s creditors must be chomping at the bit as they wait to receive the proceeds. [Blog of Legal Times]

* You must remember Cynthia Brim, the Chicago judge who was declared “legally insane.” She’s too insane to be found guilty of a battery charge, but not quite insane enough to lose her reelection bid. [Chicago Tribune]

* Apologies to those with disabilities in California, but this ruling has given the Law School Admissions Council free reign to continue to flag your applications if you got extra time on the LSAT. [National Law Journal]

* GW Law School is adding a new question to its application to gauge the LGBT status its applicants. Not sure how this will affect cratering applications, but drink more of the Kool Aid if it makes you feel better. [GW Hatchet]

* Here’s some sage advice from our managing editor: “If you’re not okay with working for free, don’t take the internship.” Or, in the alternative, you can sue, and win a fat settlement check. [International Business Times]

It’s the last day of December, so it’s a good time to look back on the year that was. We’ll do what we’ve done for the past three years (wrap-up posts from 2009, 2010, and 2011 can be found here, here, and here) and identify the ten biggest stories of the past year as decided by you, our readers. With the help of Google Analytics, we’ve compiled a list of our top ten posts for 2012, based on traffic (as represented by pageviews).

By the way, for the third year in a row, the most popular category page on Above the Law was Law Schools. People have now been intensely focused on the declining value proposition of going to law school for as long as it takes to earn a Juris Doctor degree. Isn’t it time that we graduate from the current educational model?

The second and third most-popular categories on ATL in 2012 were Biglaw and Bonuses. Although this year brought us the largest law firm failure ever, nearly all other firms indiscriminately doled out offers to summer associates, and bonus season looked better for the first time in years. While the legal profession is still in transition, things are certainly looking up, and through the highs and the lows, we’ve been there to cover it all.

So what were the ten most popular individual posts at Above the Law in 2012? Let’s find out….

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