SMU Dedman School of Law professor Joanna L. Grossman comments on some of the parentage cases that have arisen since the U.S. Supreme Court decided in Obergefell v. Hodges that same-sex couples have a constitutional right to marry. Grossman describes the patchwork of cases that generally trend toward greater recognition of same-sex co-parents.
SMU Dedman School of Law professor Joanna L. Grossman discusses the continuing impact of Troxel v. Granville, a seminal case in family law that addressed third-party visitation rights, particularly those of grandparents. Grossman lays out Troxel’s holding and explains how it relates to family law in a larger context, then analyzes a more recent Pennsylvania Supreme Court family law case with facts that the court held distinguished it from the broader statute addressed in Troxel. This decision, Grossman posits, was correct. The legislature in the Pennsylvania case had overstepped its bounds, to the significant detriment of parental rights.
Cornell University law professor Sherry Colb discusses a recent decision by New York’s highest court expanding the definition of parental status to include same-sex partners intending to parent. Colb explains the court’s ruling and discusses a U.S. Supreme Court decision regarding the rights of non-parents that might stand in the New York court’s way.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the New Hampshire Supreme Court in which it held that a man’s adultery after separating from his wife barred him from seeking a divorce on the grounds on her prior adultery. Grossman provides the historical background of fault and no-fault divorces and explains why the court reached this correct, albeit strange, conclusion.
SMU Dedman School of Law Professor Joanna Grossman comments on a recent decision by the Illinois Supreme Court reaffirming a decades-old decision by the same court that seemed obsolete even at the time. Grossman argues that the recent decision unfairly withholds protections from nonmarital families and does not actually serve the purported public policy purpose of favoring marriage.
SMU Dedman School of Law Professor Joanna Grossman discusses a decision by the highest court of Maryland reversing itself and allowing a claim of de facto parentage. Grossman describes the history of de facto parentage in the United States and explains how the court reached its decision.
Hofstra University law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Tenth Circuit reinstating Utah’s criminal law banning bigamy. Grossman explains the facts leading up to the lawsuit, the holding of the district, and the reasoning behind the Tenth Circuit’s reversal.
Hofstra University law professor Joanna Grossman discusses North Carolina’s recent passage of House Bill 2 (HB 2), which purports to take away existing anti-discrimination rights from LGBT people. Grossman explains why the law is unconstitutional and considers whether, in light of the law’s patent unconstitutionality, the law reflects even greater animus by those who passed it.
Hofstra University law professor Joanna Grossman comments on a recent per curiam opinion by the U.S. Supreme Court in which it instructed the Alabama Supreme Court to obey the U.S. Constitution and give full effect to a lesbian couple’s adoption decree from Georgia. Grossman describes the facts leading up to the case and explains why the High Court ruled firmly as it did, and why the Alabama court was incorrect.
Hofstra University law professor Joanna Grossman comments on a recent decision by an appellate court in New York holding that a harsh but voluntary prenuptial agreement could be enforced as written. Grossman points out that the decision is consistent with a larger trend of courts enforcing prenuptial agreements, even when their terms might seem objectively one-sided or unfair.
Hofstra University law professor Joanna Grossman discusses a surrogacy dispute filed by a California woman against a man in Georgia. Grossman points out that the facts giving rise to the dispute are highly unusual and that it would be a mistake to draw a conclusion about surrogacy in general from this particular case.
Hofstra University law professor Joanna Grossman discusses a case in which the Pennsylvania Supreme Court held that a stepfather who won shared custody of his former stepchildren must also pay child support. Grossman points out that this unusual ruling serves as a warning for parents and stepparents about the consequences of their choices about childrearing during marriage.
Cornell University law professor Sherry Colb uses a recent court dispute over a contract governing a divorced couple’s frozen embryos as the basis for considering some important issues that would arise in a frozen embryo dispute with no contract. Colb points out that resolving such a dispute would require careful balancing of the right of one party to procreate, on the one hand, and the right of the other party not to procreate, on the other.
Hofstra University law professor Joanna Grossman comments on a recent decision by a Pennsylvania appellate court that Sherri Shepherd, despite her arguments to the contrary, is the legal mother of a child born via surrogate. Grossman describes the background of the case and the national patchwork of state laws on surrogacy and explains why the appellate court came to the correct conclusion as a matter of law.
Hofstra University law professor Joanna Grossman discusses a decision by a New York trial court that illustrates the continuing confusion caused by the civil union, despite its obsolescence in light of the U.S. Supreme Court’s recent ruling in favor of marriage equality. Grossman provides a brief history of the civil union and its demise and critiques the reasoning and conclusion arrived at by the trial court in this case.
Hofstra University law professors Joanna Grossman and Barbara Stark discuss a new law in New York that will reform alimony law and reverse a longstanding rule of marital property in that state. Grossman and Stark describe New York’s unusual family law history and explain how it arrived at this new law, which goes into effect in part this week.
Hofstra University law professor Joanna Grossman discusses the evolving landscape of parentage law after the U.S. Supreme Court’s decision in Obergefell v. Hodges. Grossman argues that while Obergefell has opened up some new paths to parentage for same-sex couples, it has also closed off others that had been created as workarounds in a restrictive marriage regime.
Hofstra University law professor Joanna Grossman comments on a recent Utah case where an unwed father forfeited his rights to contest the adoption of his child by not filing a paternity action. Grossman points out that this result is the product of balancing interests of unwed fathers against those of the child, mothers seeking to place children for adoption, and adoptive parents.
Hofstra University law professor Joanna Grossman discusses a recent decision by a New York court that a couple’s failure to obtain a marriage license (and lack of evidence of any intent to marry) meant that they were not legally married.
Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman comment on a recent legal challenge—based on the U.S. Supreme Court’s same-sex marriage decision in Obergefell v. Hodges—to state anti-polygamy laws.