Montana Supreme Court affirms lesbian parental rights

Last week Tuesday, the Billing Gazette reported that the Montana upheld Michelle Kulstad’s for of the two adopted children she raised with her female of .

Most notably, in a special concurrence, Justice argued against :

“Naming it for the evil it is, on …

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Law Extends Parental Rights for Gays

in the District no longer will need the written consent of their partners to adopt children born to their partners through , under a new law that took effect Saturday.

The name of a consenting spouse or unmarried will appear on the child’s as the legal parent, a status that previously had to be obtained by same- through a complicated process.

The Domestic of 2009 puts the city out front when it comes to children born of same- , according to the National Center for Lesbian Rights (), the Gay and Lesbian Activists Alliance of Washington () and American University Polikoff.

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Same-sex marriages gradually gain legal ground

When ’s highest court ruled two years ago that Marilyn Kirby 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 glimpse of the defeat now looming.

“There’s a sense have — a sense of inevitability — 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, legislatures 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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Montana Supreme Court weighs gay parental rights

(Missoula, Montana) A Montana wants the state to overturn a lower court ruling that gave visitation and other to her former .

Barbara wants the justices to overturn a 2008 lower court ruling that said her former , Michelle Kulstad, must be recognized as a …

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Appeals court: No parental rights for lesbian mom

() A appeals court has ruled that the former of a has no legal to a child she helped rear.

The case involved , Debra H. and R., who had a in and then …

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