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Family Law (Continued from page 30)


under the Equal Rights Amendment of a state’s constitution. In 1995, a marriage license was is-


sued in Vermont but the city’s attorney refused to register it with the state. This action laid the foundation for the later law suit in 1997, Baker v. State of Ver- mont,6


in our country. Finally, in 2001, the landmark case of


Goodridge v. Dept. of Public Health,7 which has led to Massachusetts being the only state in the country to allow for same sex marriages. Three years later on May 17, 2004, the first legally sanctioned same sex marriages were performed, and continue to be performed despite threats of a referendum for a constitutional amendment. The Massachusetts court held that anything less than full marriage


6 170 Vt. 194, 744 A.2d 864 (1999) 7 440 Mass. 309, 798 N.E.2d 941 (2003)


was in violation of the equal protection clause of its constitution.


Why you should or should not handle same sex family law cases


Based on the 2000 census, there are an which created the first civil union


estimated 26 million gays and lesbians in the United States with over 594,000 couples identified as being in a same sex relationship. The estimated combined disposable income for these couples is over $450 billion. The census has identified over 3 million children liv- ing with gay/lesbian parents, and over 2 million gay/lesbian couples having children either from a prior heterosexual relationship or through adoption or sur- rogacy. Today in Maryland, same sex couples


adopt children, purchase property joint- ly, commingle funds, share debt, travel outside the state, and try to live their lives under our existing laws. Complicating matters, many couples residing in Mary-


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land have entered into civil unions in Vermont, Connecticut, New Hampshire, New Jersey or Oregon. Others have le- gally married in Massachusetts, Canada, Belgium, The Netherlands, Spain or South Africa. Some have entered into domestic partnerships in California, District of Columbia, Hawaii, Maine, or Washington State. 8


Although none


of these unions are legally recognized in Maryland, a family law attorney must be prepared to address their impact on couples, particularly when going through a separation. Attorneys should embrace the notion


of same sex marriages for a number of reasons, if for no other it creates a new market of potential clients. Like their straight counterparts, gays and lesbians have significant legal needs. A cottage industry is emerging within the family law arena that includes same sex couples wishing to have children through in- semination, surrogacy, and adoption. Divorce attorneys are beginning to ex- pand their practice area to include same sex couples going through separation and “gay divorce.” This shift in business practice is not for the uninformed. The legal implications are significant and complex. A family law attorney must be aware of the ever changing law, not only in Maryland, but across the country. She must be creative and employ new tactics when advising a client going through the legal process which provides more uncertainty than well established law. By recognizing same sex marriage, an


attorney would be able to look to the existing family law statutes for guid- ance, direction and opportunity. Well established case law would apply where the statutes are unclear or deficient. Although there have been a number of precedent-setting cases providing some


(Continued on page 34) 8 As of July 24, 2007 www.hrc.org. Outside


the United States, civil unions are also available in Denmark, Buenos Aires, France, Germany, United Kingdom. Many European countries have co-habitation laws developed under the common law providing legal protection to same sex couples.


Winter 2008


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