Analysis and Commentary on Family Law
Sperm Donors on the Large and Small Screen

Justia columnist and Hofstra law professor Joanna Grossman comments on instances of real-life and fictional complications regarding sperm donation. The fictional story is told through the Vince Vaughan film Deliveryman. The real-life stories are told on a new MTV show, Generation Cryo, which depicts the quest of a teenage girl to meet her fifteen half-siblings and the anonymous sperm donor responsible for all of their conceptions.

Hawaii Comes Full Circle on Same-Sex Marriage

Justia columnist and Hofstra law professor Joanna Grossman chronicles Hawaii’s role in the same-sex marriage controversy—including its being the site of the beginning of the modern battle over same-sex marriage, although back then, Hawaii did not itself legalize same-sex marriage. But as Grossman notes, 20 years later, Hawaii now finally has legalized same-sex marriage, thus closing the circle. She also explains why Hawaii’s action should never have had the impact it did, given the proper interpretation of the Full Faith and Credit Clause.

Same-Sex Weddings at the Jersey Shore

Justia columnist and Hofstra law professor Joanna Grossman discusses the recent developments in New Jersey culminating in today’s first same-sex marriages performed in that state. She describes the relatively complex journey to marriage equality in that state and explains how the U.S. Supreme Court’s decision last term in United States v. Windsor led to the New Jersey Supreme Court refusing to delay enforcement of a lower court’s ruling striking down the ban on same-sex marriage.

California Allows Children to Have More Than Two Legal Parents

Justia columnist and Hofstra law professor Joanna Grossman comments on a ruling allowing a child to have three legal parents, and a related measure that California Governor Jerry Brown signed into law. Grossman covers both the facts and law pertaining to the case, and explains why California, alone among the states, allowed a three-parent situation to be established.

Is Virginia the Next Major Same-Sex Marriage Battlefield?

Justia columnist and attorney David Kemp describes two recent lawsuits filed in Virginia challenging that state’s laws prohibiting same-sex marriages. Kemp describes the two cases, explains why Virginia is a favorable venue for such legal challenges, and notes the prevalence of other similar cases around the country. Kemp concludes that the existence of so many cases challenging discriminatory laws must be seen as a step in the right direction for same-sex marriage advocates.

Last Rights and the Battle Over Huguette Clark’s Will

Justia columnist and Hofstra law professor Joanna Grossman and Justia guest columnist and Stanford law professor Lawrence Friedman together comment on an epic contest over an estate that totaled over $300 million. Grossman and Friedman explain why the estate at issue, belonging to a woman named Huguette Clark, raised a host of complex issues that were ripe for a will contest, and they comment on the possibility that the will contest might have been avoided in various ways.

A South Carolina Same-Sex Marriage Challenge, and Predictions as to the Outcome of Future Litigation in This Area

Justia columnist and attorney David Kemp discusses a recent case filed in federal court in South Carolina challenging the state’s prohibition on same-sex marriages. Kemp describes the facts and arguments of that case, Bradacs v. Haley, and compares it to another recent case filed in Ohio challenging that state’s own laws precluding recognition of same-sex marriages. Kemp notes one particular parallel between arguments in the two cases and predicts, based on this parallel, that we will see similar challenges in several other states with comparably structured domestic relations laws.

Falling Dominoes: Same-Sex Spouses Gain More Recognition Rights

Hofstra law professor and Justia columnist Joanna Grossman comments on recent same-sex marriage developments, including Justice Ginsburg’s performing a same-sex wedding ceremony; the ruling in United States v. Windsor; changes in the way in which same-sex couples now will be treated by the IRS and Social Security Administration, as well as by HHS regarding Medicare benefits; and the Obergefell v. Kasich case, which raised the issue of whether a same-sex marriage would be reflected on a death certificate.

And They Shall Call Him . . .? Post-Divorce Disputes Over Children’s Surnames

Justia columnist and Hofstra law professor Joanna Grossman comments on a recent New Jersey Supreme Court case that involved the following question: Should the custodial parent have the presumptive right to change his or her child’s surname after a divorce? Grossman considers this and other questions and conflicts, that can arise regarding child-naming. She also puts these conflicts in the context of the U.S.’s tradition of patronymy, under which children take their father’s surname, and explains how that tradition emerged.

The Imminent Demise of Section 2 of the Defense of Marriage Act

Justia columnist and attorney David Kemp discusses the recent grant of a temporary restraining order by a federal judge in Ohio, effectively suspending that state’s ban on recognition of out-of-state same-sex marriages. Kemp discusses the facts and reasoning behind the decision in that case, Obergefell v. Kasich. He then considers the background of Section 2 of the Defense of Marriage Act (DOMA). He concludes that although Obergefell does not expressly address DOMA, in practice it signals an imminent shift toward overturning the remaining section of that federal law.

A Matter of Contract: The Wisconsin Supreme Court Rules Traditional Surrogacy Agreements Are Enforceable

Hofstra law professor and Justia columnist Joanna Grossman discusses a complex Wisconsin family law case, which led the Wisconsin Supreme Court to validate traditional surrogacy contracts—that is, ones where the surrogate provides the egg and the womb. This kind of surrogacy, as Grossman explains, is now rare. The arrangement, Grossman points out, was also unusual in another way: It was an altruistic—that is, uncompensated—surrogacy. Unfortunately, the arrangement led to a post-birth controversy, and then to litigation, as Grossman explains.

Solomon’s Child: How Baby Veronica Came to Be Returned Home After a Long Legal Battle

Justia columnist and Hofstra law professor Joanna Grossman chronicles and comments on the legal fight over Baby Veronica, which went all the way to the U.S. Supreme Court. As Grossman explains, the case was complicated due to an apparent conflict between the federal Indian Child Welfare Act (ICWA), a 1978 law designed to reduce improper removals of Indian children from their parents and their placement with non-Indian families, and South Carolina’s rules regarding the rights of unwed fathers. Grossman explains the reasoning of majority opinion, as well as that of the opinion of Justice Sotomayor, who wrote the principal dissent.

How to Read United States v. Windsor to Understand What Gay Couples Won This Week, But Why They Still Have a Long Way to Go

Justia columnist and Cardozo law professor Marci Hamilton comments on a little-remarked but important aspect of the recent Supreme Court decision in United States v. Windsor: the limits of the decision. For instance, she notes that gay people were not granted a constitutional right to be married in any state by the decision. Moreover, Hamilton points out that, despite the decision, there are only 14 jurisdictions, including the District of Columbia, where gay people will be able to marry, and where they also will be able to receive the identical federal benefits received by heterosexual couples. And, in the 37 states left to persuade, federal benefits for married couples can be limited to heterosexual couples. Thus, Hamilton notes that we are far from true equality for gay Americans.

DOMA is Dead: The Supreme Court Rules in United States v. Windsor that the Defense of Marriage Act is Unconstitutional

Justia columnist and Hofstra law professor Joanna Grossman comments on the Supreme Court’s recent decision in United States v. Windsor, holding that the federal Defense of Marriage Act (DOMA)—passed in 1996 in haste to ward off same-sex marriage in the states—is unconstitutional. Grossman chronicles DOMA's history; discusses challenges to DOMA Section Three; and explains why Windsor was the perfect test case for DOMA. She also covers the standing issue, in addition to the merits questions discussed by the majority opinion and the dissent.

A Preview of Next Week’s Supreme Court Ruling in Hollingsworth v. Perry—The Case From California Involving Proposition 8’s Ban on Same-Sex Marriage: What to Expect and What to Look For

Justia columnist and U.C., Davis law professor Vikram David Amar offers thoughts on what we may expect to see in the Supreme Court’s ultimate ruling on Proposition 8. Among other points, Amar cautions that we should not expect a definite resolution of the federal constitutional question of same-sex marriage. He also describes some of the narrower options for which the Court might opt instead, and in some instances, the likelihood of particular options being chosen.

Birthright: The Iowa Supreme Court Allows a Lesbian Co-Parent to Be Listed on an Infant’s Birth Certificate

Justia columnist and Hofstra law professor Joanna Grossman comments on a recent Iowa Supreme Court ruling allowing the lesbian co-partner of the biological mother of a child to be listed on that child’s birth certificate. Grossman covers the facts regarding the particular co-partners who prevailed in this landmark decision, and the reasoning that convinced the Iowa Supreme Court—which earlier had legalized same-sex marriage—to side with them and to grant them both the rights to be recognized as the legal mothers of the child whom they are raising together.

A Difference of Opinion: Are Universal Life Church Weddings Valid in New York?

Justia columnist and Hofstra law professor Joanna Grossman comments on the validity, in New York, of marriages performed by the Universal Life Church, which ordains its ministers via the click of an online button, and subsequent online approval. New York courts are split on the matter, and as Grossman notes, a recent annulment filing has brought the issue up once again. Her column brings up interesting questions such as, “Who is a minister?” and “What is a Church?”

Victor/Victoria: Michigan Court Says Marriage Still Valid Despite Husband’s Sexual Reassignment Surgery

Justia columnist and Hofstra law professor Joanna Grossman comments on how the legal status of the spouses in a marriage may change if one of them has sex-reassignment surgery—either before or after the marriage, or whether their legal sex must always be the one they had at birth. Grossman covers cases on this topic in Kansas, Texas, Florida and New Jersey, and their outcomes.

Parenthood by Contract: The Kansas Supreme Court Enforces a Lesbian Co-Parenting Agreement

Justia columnist and Hofstra law professor Joanna Grossman comments on the recurring legal issue of whether a lesbian co-parent—one who functions as a second parent for her partner’s biological child—can acquire parental or quasi-parental rights that allow her to still enjoy a parent-child relationship after the adults’ relationship ends. Grossman discusses state Supreme Court cases from Kansas, North Carolina and Ohio that take on this very question. She also discusses the question whether a child can have three legal parents (one of whom is a sperm donor and the other two, lesbian co-parents) and notes that no court, so far, has allowed that.

In Utero: The New Jersey Supreme Court Says Prenatal Drug Exposure Is Not Sufficient Evidence of Child Abuse

Justia columnist and Hofstra law professor Joanna Grossman discusses a New Jersey case in which the state’s high court held unanimously—and perhaps surprisingly, to some—that the state may not find a newborn to be abused or neglected based solely on evidence of prenatal drug exposure, without evidence of actual harm to the child. Grossman covers the problem of drug use among pregnant women; states’ various approaches to that problem; and the question of when pre-natal drug use should be deemed child abuse under the law.

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... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... more

John Dean
John Dean

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

Michael C. Dorf
Michael C. Dorf

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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Fels Institute of Government Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

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

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Lesley Wexler
Lesley Wexler

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