Tag Archives: Fourteenth Amendment

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 ruling in Obergefell v. Hodges and the legalization nationwide of marriage by same-sex couples.  But a recent opinion from the Idaho Supreme Court, Doe v. Doe, is a reminder that the rights of lesbian co-parents remain in uncertain, particularly for couples who are not married. This case also illustrates the role the U.S. Constitution plays both in protecting parental rights and allocating them.

In the Idaho case, two women, known only as “Jane Doe” and “Jane Doe I” were in a non-marital, romantic relationship for four years before agreeing to start a family using an anonymous donor. Jane Doe I conceived and gave birth to a child, raised jointly with Jane Doe.  The court quickly relabels Jane Doe I as “Mother” and Jane Doe as “Partner,” presaging its legal conclusion that only one of these women—Mother—has rights to the child they jointly planned for and raised. According to the court, without the consent of “Mother,” “Partner” has no right to maintain a relationship with the child.

 

Resources
From Verdict
Trashing the Playing Field: State Legislators Misguided Move to Ban Transgender Women and Girls from Competing in Women’s Sports This post contains references to suicidal ideation among trans youth. If you’re trans, gender expansive, or LGBTQ and you are thinking about suicide a...
The Chosen Few: Polyamory and the Law After a dramatic shift in public opinion, the Supreme Court (by a narrow majority) made gay marriage a national reality. In Obergefell v. Hodges (2015...
Let’s Talk About Sex, Baby: State Representative Ana-Maria Ramos Introduces Bill to Repeal Parental Consent Requirement for Birth Control Excited to learn that seven Texas teams had made it into the NCAA “March Madness” tournament, Governor Greg Abbott recorded a video message declaring ...
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06/22/2021
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 ...
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