States grant more rights to gay couples

When Maine’s highest court ruled two years ago that Marilyn and could adopt the two children they had cared for since 2001, the man who has the state battle against for 25 years got a of the defeat now looming.

“There’s a sense have — a sense of — and a tremendous sense of because of the history of the -rights fight in ,” said , of the Family Policy Council.

He was referring to rights incrementally accorded that have to virtual between same- and in states where remains banned, a growing trend in and elsewhere, experts on both sides of the issue agree.

These rights are expanding as legally married relocate to states that don’t allow , forcing courts, and employers to deal with a on issues of custody, , and end-of-life .
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Same-sex marriages gradually gain legal ground

When ’s highest court ruled two years ago that Marilyn and could adopt the two children they had cared for since 2001, the man who has the state battle against for 25 years got a of the defeat now looming.

“There’s a sense have — a sense of — and a tremendous sense of because of the history of the rights fight in ,” said , of the Family Policy Council.

 
He was referring to rights incrementally accorded to that have to virtual between same- and — a significant trend occurring in and other states where remains banned, experts on both sides of the issue agree.

Those rights are expanding as legally married relocate to states that don’t allow same- , forcing courts, and employers to deal with the resulting issues of custody, , and end-of-life .

The ruling in had the effect of granting to same- . By the time the Legislature adjourns for the summer, experts expect to become the fifth state to legalize same- after voters banned it.

In New York, which doesn’t allow same- marriages but recognizes those conducted elsewhere, recent court have granted a to two men and surviving to another.

In California, have twice overruled by the to deny to employees’ legal spouses, teeing up a to the 1996 Defense of , which forbids federal benefits for same- .

Same- is legal in , Iowa, and , which began the trend five years ago. (Iowa issued its first licenses 27, a few weeks after its gave approval; in will begin in September.) Within a year, , , New Jersey and New York will probably follow suit, say scholars at the UCLA School of Law’s Williams Institute; ’s approved a same- bill Wednesday.

And as more same- wed in places where it is legal, the administrative in other states is expected to keep expanding.

“The courts are going to have to wrestle with these issues as more and more states make it possible for to marry,” said Toni Broaddus, of the -based Federation. “ don’t stay in the same state for their whole lives anymore, so the courts in states without are going to have to these issues.”

The recent moves in and the to legalize appeared to reinvigorate for passage of same- bills in , Maryland and . Rights predict the tide will eventually sweep even into some of the 30-plus states that have passed laws or constitutional defining as between a man and a .

“A body of law is emerging because it has no choice. Cases have been filed and they have to be decided one way or another,” said Joseph Milizio, a specializing in and representation.

The legal developments allow to become comfortable with “the fact that is going to be recognized in many different aspects, even in states that don’t allow it,” said Milizio, whose firm recently secured the first dissolution of a same- in New York.

In the workplace, of extending spousal rights such as healthcare benefits and life to same- have succeeded by challenging practices that discriminate on the basis of . Seven states, including California, now full to same- — another incremental advance that is lamented by .

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