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
Remembering Deborah Rhode: Co-Author, Friend, and Feminist Co-Conspirator The legal academy lost one of its finest scholars and teachers when Professor Deborah Rhode of Stanford Law School died on January 8, 2020, at the age...
Joe, Joey, Joe-Baby, Sexist: Where’s Your Imposter Syndrome? You’d have to be living under a rock these days to not hear of the absurd op-ed published in the Wall Street Journal by (not Dr.) Joseph Epstein, offe...
What’s Not the Matter with Kansas: State Supreme Court Broadly Recognizes the Rights of Lesbian Co-Parents In a recent case, In re Parentage of M.F., the Kansas Supreme Court held that a woman who conceives through artificial insemination and her same-sex p...
View More
Tweets
Joanna Grossman
01/28/2021
Joanna Grossman
01/28/2021
Joanna Grossman
01/28/2021
Joanna Grossman
01/27/2021
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