Justia columnist and Hofstra law professor Joanna Grossman discusses the evolving law on the rights of a lesbian co-parent—that is, a woman who participates in the planned conception, birth, and/or rearing of her same-sex partner’s biological or adopted child. Grossman focuses, in particular, on a recent Ohio Supreme Court case that took a somewhat unusual approach to defining the rights of lesbian co-parents. In addition, she describes other states’ varying approaches to the issue, and raises the question whether—in lieu of the traditional legal dichotomy between parent and non-parent—there may be some middle ground into which the legal status of a lesbian co-parent may fall.
Justia columnist and Cardozo law professor Marci Hamilton comments on the reality television show Sister Wives and the litigation that is connected to it. The family depicted on Sister Wives—consisting of one man, four “wives,” and 16 children—fled Utah to avoid potential bigamy charges. (Nevada’s bigamy law defines the offense in a less restrictive way than Utah’s does.) Now, the family’s lawyer, Jonathan Turley, is challenging Utah’s law as unconstitutional. Hamilton contends, to the contrary, that the law is perfectly constitutional, and explains the history of the law and the related precedent in support of her argument.
Justia columnist and Hofstra law professor Joanna Grossman comments on the culmination of the lengthy fight over the estate of Anna Nicole Smith’s late husband, J. Howard Marshall II, a billionaire Texas oil tycoon. J. Howard’s son Pierce was the other party asserting a claim to the estate. After Anna Nicole and Pierce both passed away, the litigation still continued, pursued by their own estates. Grossman chronicles how this clash made it all the way to the Supreme Court twice; explains why the dispute had spawned litigation in both Texas and California; and describes the reasons that led the High Court to ultimately rule against Anna Nicole—and why it inspired Chief Justice Roberts to quote from the Dickens novel “Bleak House.”
