publications
June 5, 2008
Entering a Civil Union
This article discusses the entire process of entering a civil union, including determining whether you and your partner are eligible or even need to enter into a civil union in this State, how to obtain a license, and how to formalize the civil union. It also discusses changing your name.June 3, 2008
The Family Home, Part II
Most gay or lesbian couples choose to share ownership of their personal residence. If you are in a domestic partnership or simply living together as unmarried cohabitants, your most common choice is joint tenancy with rights of survivorship. If you are in a civil union, you have an additional choice, tenancy by the entireties.April 4, 2008
The Family Home
Whether you are buying your first home together or living together in a home that one or both of you currently own, you need to consider how the civil union law affects your home ownership.February 4, 2008
Tying the Knot
With civil marriage, domestic partnership and civil unions, there are more options available for same-sex couples than ever before, but getting recognition here and elsewhere is still a problem.November 22, 2007
Protecting Your Family
The only way for a non-biological parent to ensure recognition of their partner's child outside New Jersey is to obtain a formal judgment of your parental rights in a New Jersey court.September 7, 2007
Becoming a Family
Civil unions are not perfect, but they open up a whole new set of issues relating to same-sex families, including protections for our children.June 18, 2007
Loving For All
by Mildred Loving Prepared for Delivery on June 12, 2007, The 40th Anniversary of the Loving vs. Virginia Announcement When my late husband, Richard, and I got married in Washington, DC in 1958, it wasn't to make a political statement...June 13, 2007
Family Pride
As we celebrate Pride Month, it is a good time to remember how far we have come in New Jersey, without forgetting how far we have to go. In my last two articles, I wrote about the comparison between civil...April 1, 2007
Civil Wars, Part II
Unquestionably, the October 25, 2006 decision by the New Jersey Supreme Court in the Lewis marriage case has had a profound effect on the treatment of same-sex couples in New Jersey. The court's unanimous opinion that the New Jersey Constitution required thatcommitted same-sex couples be afforded the same rights, benefits and obligationsas married couples means that we have achieved a level of equality found only in four other states (Vermont, California, Massachusetts and Connecticut).
March 22, 2007
Much Ado About I Do
Much has been made about the relatively limited numbers of couples who have reportedly entered into civil unions in New Jersey. In my opinion, it is much ado about nothing. According to a report issued by the New Jersey Bureau of Vital Statistics, only 229 couples had entered into a civil union during the first 30 days the civil unions bill was in effect.March 10, 2007
Domestic Partners and Civil Unions
The change from domestic partnership to civil unions, although welcome, brings with it many questions, particularly for the more than 4,000 same-sex couples that registered as domestic partners in New Jersey.November 1, 2006
NJ Supreme Court Decision: What It All Means
Like all of us, I am thankful for the New Jersey Supreme Court's decision on the Lewis marriage equality case. We have moved a tremendous step forward, and each time I read the decision, I find something new to it....October 7, 2006
The "Newer" New Jersey Probate Code
Estate planning for New Jersey's over 16,600 same-sex couples underwent a seismic change for the better following the Legislature's passage of S2083, which recognized intestacy and other inheritance rights for registered domestic partners, and A1922, which recognized guardianship rights.August 23, 2006
Living Together
The Domestic Partnership Act of 2004 can protect unmarried senior couples.July 10, 2006
Second DPA Anniversary Passes Quietly
Today marks the beginning of the third year that same-sex couples in New Jersey could register as domestic partners.March 9, 2006
Guardianship of Domestic Partners
The New Jersey Legislature recently enacted A1922 (P.L.2005, c. 304)[2], a bill to amend various sections of the guardianship laws.February 1, 2006
The Changing and Uncertain Status of Same-Sex Families
Over the last 30 years, there has been considerable expansion in the recognition of equal rights for homosexuals in New Jersey, particularly in regard to the parent-child relationship in same-sex couples with children.
August 14, 2005
Choosing Wisely
Choosing the right person to act as your agent or medical proxy can ensure that your wishes are carried out and your affairs are managed well.
March 29, 2005
More on the Schiavo Case
I thought the following letter to the New York Times really hit the nail on the head.
March 27, 2005
Terri's Legacy: Ensuring Your Medical Care Choices are Honored
By now, most people are aware of the dramatic struggle involving the life — and death — of Terri Schiavo, the young Florida woman who suffered extensive brain damage over 15 years ago when her heart stopped. For over 10 years, Terri's husband, Michael and her parents have been waging a battle in the courts, in the legislature, and in the press over the question of who has the right to determine Terri's wishes regarding her medical care.
November 27, 2004
An Elder Law Practitioner's Guide to the NJ Domestic Partnership Act
Although much of the recent discussion on the Domestic Partnership Act of 2004 (DPA) has been exclusively focused on the extension of legal rights to same-sex couples, the limited protections of the Act are also available to unmarried seniors. Thus, elder law practitioners must be prepared to discuss the ramifications of the Act with their clients.
October 27, 2004
Formalizing Same-Sex Partnerships
When I finished law school in 1996, I could not have imagined that eight years later I would be discussing any form of government-sanctioned legal protection for same-sex couples, other than Vermont's civil union. But with the recent enactment...September 27, 2004
Compliance with the NJ Domestic Partnership Act: A Primer for Health Care Facilities
The following article is adapted from a chapter of the book, A Legal Guide for New Jersey Domestic Partners, available online from the author's web site, http://www.njdomesticpartnership.com. The book is to be published in paperback format in the fall...August 30, 2004
McGreevey: A Commentary
I thought the Governor's admission, I am a gay American,
was particularly brave of him. How many of us could handle coming out in such a public manner and do so with as much dignity? On the otherhand, his admission made the Governor's opposition to same-sex marriage seem hollow and hypocritical.
August 27, 2004
Requirements and Procedures for Establishing an NJ Domestic Partnership
The following article is adapted from a chapter of the book, A Legal Guide for New Jersey Domestic Partners, available online from the author's web site, http://www.njdomesticpartnership.com. The book is to be published in paperback format in the fall...May 14, 2004
Banned in Boston
Much as I keep hoping to write about some important other legal issues, such as domestic partnerships and elder law, the Massachusetts marriage equality issue keeps dominating GLBT legal news. To give you an idea of the volatility of...April 27, 2004
Massachusetts Marriage: Pros and Cons
The marriage saga moves forward. Gay and lesbian couples are in court in various parts of the country, testing the validity of marriages entered into in California, Oregon, New Jersey, and New York. Our opponents are also busy trying...February 27, 2004
Valentine's Day
The old Chinese curse, May you live in interesting times, came to mind this past Valentine's day weekend as I read about the lines of people being married by the City of San Francisco. This past years has become...January 27, 2004
And Now It Is Law
On Monday, January 12, my partner, Richard, and I stood among a crowd of a hundred or so outside the office of the New Jersey Governor, Jim McGreevey. We were waiting to go into the governor's conference room for...December 27, 2003
Why Marriage Matters
What an amazing year 2003 has been for gay civil rights! Simply having the U.S Supreme Court strike down the Texas sodomy law would have been cause enough for celebration. But the breadth of the decision, which affirmed our...November 27, 2003
Life or Death Decisions
Recently, the news in the United States has been dominated by the struggle over the life--and death--of Terri Schiavo, the Florida woman who has been in a coma for over 13 years. This sad struggle, which should have been a very private matter, demonstrates why it is imperative that gay couples and singles should execute a written document called an advance directive.
October 27, 2003
When There Is No Justice
It is a fact of life that the law can be a sometimes inadequate substitute for justice.
August 27, 2003
The Texas Sodomy Case: An Inside Perspective
Lawrence and Garner attorney Mitchell Katine reflects on the case that changed America and the day of the landmark decision.
July 27, 2003
From Toronto to Houston: What It All Means
Liberty protects the person from unwarranted government intrusions into a dwelling or other private places.
June 27, 2003
Supreme Court Strikes Down Sodomy Law
June 26, 2003 is a day of independence for all people, especially gay, lesbian, bisexual, and transgender people in this country. Mitchell Katine, original attorney for Lawrence & Garner....May 27, 2003
Breaking Up is Hard to Do
In a recent New York Times article, it was pointed out that 85 percent of the approximately 5,400 couples granted civil union licenses were not from Vermont. But out-of-state couples will find it difficult or even impossible to dissolve that civil union.
April 27, 2003
How to Find and Work With an Attorney
This month, I wanted to spend a little bit of time on the subject of locating and working with an attorney. Often times, people hesitate to seek out legal advice because they believe it will be expensive, or because...March 28, 2003
Supreme Court Hears Texas Sodomy Case
Yesterday, March 27, 2003, the US Supreme Court heard oral arguments in the Texas sodomy case, Lawrence v. Texas. According to news reports and to my friend and fellow attorney, Mitchell Katine who attended along with the Lambda Legal team, the arguments went very well.
February 27, 2003
Guardianship and Conservatorship
We often think that the worst thing that could happen is the death of our partner, but several letters I received recently helped me realize that it can be even more devastating when we have to deal with long-term...January 27, 2003
2002 - The Year in GLBT Law
In general, 2002 brought a number of mostly positive legal changes in the US, particularly in the area of relationships. In this month's article, I'd like to highlight some of them....November 27, 2002
Permanent Partners Immigration Act (PPIA)
Currently, U.S. Citizens may marry their opposite sex foreign partners and petition the Immigration & Naturalization Service (INS) to allow their partners to become legal permanent residents (receive green cards). However, U.S. Citizens in same sex relationships cannot do...October 27, 2002
Sodomy and the Supremes
As some of you may know, homosexual sodomy is illegal (a misdemeanor) in Texas. About two years ago, two gay men were arrested in Houston when police entered the one man's house and caught the two in the act....August 27, 2002
Essential Estate Planning - Part II
In Part 1, I covered many of the documents that you should have, particularly if you are partnered. In this month's column, I will cover one more that I think is important to have, and I'll discuss joint ownership...July 1, 2002
Essential Estate Planning - Part I
It is never pleasant thinking about our own incapacity and death and planning for it seems morbid. But if you don't make these plans, in writing, then you need to realize that what happens if you become legally incapacitated or die is determined by state law.
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