We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
MARRIAGE AND THE MARITAL PRESUMPTION POST-OBERGEFELL.
- Authors
Carbone, June; Cahn, Naomi
- Abstract
Obergefell v. Hodges1 settled one issue at the intersection of sexual orientation and family law: ruling that marriage cannot be denied based on the spouses' sex. The decision left open the other major determinant of family status: parenthood. This Essay reviews the law governing the marital presumption as it currently applies to heterosexual couples, considers what it might mean to extend that law to same-sex couples, and identifies the ambiguities involved. It concludes that the marital presumption should apply to same-sex couples as least to establish a presumption that they will assume joint responsibility for any children born into the marriage, but that the failure of the states to agree on the policies or preconditions for parental recognition will prevent any uniform national resolution of who counts as a legal parent. The Essay thus predicts that parenthood will continue to be a battlement for the recognition of families established by same-sex parents.
- Subjects
MARITAL presumption (Paternity); SEXUAL orientation; DOMESTIC relations; GAY couples; SAME-sex parents
- Publication
UMKC Law Review, 2016, Vol 84, Issue 3, p663
- ISSN
0047-7575
- Publication type
Essay