Analysis and Commentary on Family Law

The Broken Clock: The Illinois Supreme Court Affirms Misguided, 37-Year-Old Ban on Economic Rights for Cohabiting Couples

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.

A Safe Haven for Kody? Sister Wives Star Loses on Appeal, but Protected From Bigamy Prosecution in Utah

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.

North Carolina’s HB 2: Does Passing an Obviously Unconstitutional Law Make the Law Even More Unconstitutional?

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.

Alabama: The U.S. Constitution Applies to You, Too

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.

You Made Your (Marital) Bed, Now Lie in It

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.

More Than Kin: Pennsylvania Supreme Court Rules That Stepfather Granted Custody Rights Also Owes Child Support

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.

Frozen Embryo Disputes

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.

Baby Mama: Appellate Court Declares Sherri Shepherd Is the Legal Mother of a Child Born to Her via Surrogate

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.

Though Obsolete, the Civil Union Continues to Mystify Courts

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.

When One Door Opens, Another Closes: Parentage Law After Obergefell v. Hodges

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.

He Who Hesitated Lost: Unwed Father in Utah Forfeits Parental Rights

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.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavi... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior... more