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

Small Steps Forward: New York Legislature Increases Protections for Sexual Harassment Victims In October 2017, Harvey Weinstein was exposed by the New York Times as a sexual predator.  Before Harvey Weinstein, there had been, among others, Roge...
Junk Science, Junk Law: Eugenics and the Struggle Over Abortion Rights Last month, in an unsigned, per curiam opinion, Box v. Planned Parenthood, the Supreme Court considered whether two provisions of a new anti-abortion ...
Use It or Lose It: The Supreme Court Gets a Procedural Point About Title VII Unanimously Right Even in these divisive times, the nine justices of the Supreme Court can occasionally agree on the outcome of a case. They have done so in Fort Bend C...
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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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Nine to Five: How Gender, Sex, and Sexuality Continue to Define the American Workplace

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