Articles Posted in Marital Presumption

Raising Arizona Babies

Arizona Supreme Court in McLaughlin v. Jones was asked an increasingly familiar question: Does the US Supreme Court’s ruling in Obergefell v. Hodges (2015), which held that it was unconstitutional for states to withhold the right to marry from same-sex couples, mean that male and female spouses must be presumed the legal parents of children born during the marriage? This court, unlike some others, answered a simple question with a simple answer: Yes. Let me explain the straightforward way in which the court reached that result.

Kimberly and Suzan legally married in California in 2008 and decided to have a family. Suzan unsuccessfully attempted to become pregnant with donor sperm, Kimberly successfully conceived and gave birth to a son in 2011.  The two women entered into a joint parenting agreement in which Kimberly agreed that she intended her wife to be an equal parent, sharing all rights and responsibilities for their son. After the child’s birth, Kimberly returned to work as a physician, while Suzan stayed home as the primary caregiver.  But when the two women broke up, Kimberly moved out of the joint home, with the child in tow.

 

Resources
From Verdict
Dear Harvey: You Are the Spark that Started the #MeToo Movement As his criminal trial gets underway in New York City, disgraced Hollywood producer Harvey Weinstein would like us to forget what’s going on in that co...
Reducing Pregnancy Discrimination, One Accommodation at a Time In 2015, the Supreme Court altered the course of pregnancy discrimination law with a ruling in which it clarified the circumstances under which the de...
“She Slept Her Way to the Top”: The Fourth Circuit Pushes Back on a Harmful Gender Stereotype It’s a tale as old as time: a woman in power obviously slept her way to the top. How else could she have gotten there? Successful women are all too fa...
View More
Tweets
Joanna Grossman
01/28/2020
Joanna Grossman
01/28/2020
Joanna Grossman
01/28/2020
Joanna Grossman
01/28/2020
From the Blog
Raising Arizona Babies Arizona Supreme Court in McLaughlin v. Jones was asked an increasingly familiar question: Does the US Supreme Court’s ruling in Obergefell v. Hodges ...
Why Lesbian Co-Parents Still Live in Limbo Although the parenting rights of people in same-sex couples have generally been on the rise—particularly in the wake of the Supreme Court’s 2015 rulin...
So Many Unanswered Questions about ART Assisted reproductive technology (ART) surrounds us. Courts are certainly not strangers to the parentage questions that can arise out from situations ...
View More
Publications
Nine to Five: How Gender, Sex, and Sexuality Continue to Define the American Workplace
Nine to Five: How Gender, Sex, and Sexuality Continue to Define the American Workplace

by Joanna L. Grossman

Buy
Inside the Castle: Law and the Family in 20th Century America
Inside the Castle: Law and the Family in 20th Century America

by Joanna L. Grossman and Lawrence M. Friedman

Buy
Gender & Law: Theory, Doctrine, Commentary, 7th Edition
Gender & Law: Theory, Doctrine, Commentary, 7th Edition

by Katherine T. Bartlett, Deborah L. Rhode, and Joanna L. Grossman

Buy
Family Law in New York
Family Law in New York

Edited by Barbara Stark and Joanna L. Grossman

Buy
Gender Equality Dimensions of Women's Equal Citizenship
Gender Equality Dimensions of Women's Equal Citizenship

Edited by Linda C. McClain and Joanna L. Grossman

Buy