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Full-Text Articles in Family Law
Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker
Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker
William & Mary Journal of Race, Gender, and Social Justice
On June 26, 2015, the Obergefell decision recognized same-sex marriage. While same-sex couples celebrated their new rights to marriage equality, they still face legal battles in the realm of domestic violence. Both married and unmarried same-sex couples face discrimination when reporting incidents of domestic violence. While most domestic violence statutes are gender-neutral on their face, their implementations disparately impact same-sex couples. Furthermore, domestic violence statutes that include same-sex couples punish same-sex couples more harshly than opposite-sex couples. This Note will examine the domestic violence law in Virginia, arguing that the laws are too vague to properly protect same-sex couples and …
The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen
The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen
William & Mary Journal of Race, Gender, and Social Justice
Do intact same-sex couples where one member of the couple became pregnant with assisted reproduction or was the primary adopter, and the other member became a parent through second parent adoption, understand the legal protections afforded them? In short the answer is no. An interesting family dynamic arises around those who can claim the true status as parent based on their legal understandings of parenthood and their interactions with the dominant culture. While high profile custody cases on this issue have been decided in the United States with varying results, no research has examined the impact of uneven legal protections …
California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling
California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling
William & Mary Journal of Race, Gender, and Social Justice
Effective January 1, 2005, the California Domestic Partner Rights and Responsibilities Act of 2003 (CDPRRA) replaced the Domestic Partnership Act of 1999, vesting registered domestic partners with new rights and a court termination procedure similar to divorce. Does the new statute legalize gay marriage? Are domestic partners eligible for spousal support? Are the registration and termination procedures voluntary? Does the Unruh Civil Rights Act now require businesses and private organizations to include gay members? The article reviews the new law and analyzes how three recent court decisions resolve these controversial issues.