Respect for Same-Sex Couples and their Relationships: Navigating the Hurdles Posed by Lack of Federal and State Recognition
Sunday, August 12
3:45 p.m. - 5:15 p.m.
Moscone Center West, Room 2002

While the growing availability of marriage, domestic partnerships, and civil unions for same-sex couples represents an important advancement in the struggle for full equality for lesbian, gay, and bisexual people, these developments also pose new and complicated legal problems for these couples and for the attorneys who are advising them. Increasing numbers of states have enacted statutory and constitutional provisions purporting to deny recognition of marriages between same-sex couples and, in some states, even purporting to deny recognition of domestic partnerships, civil unions, and other forms of relationships between same-sex couples. And, of course, the federal Defense of Marriage Act purports to provide that the federal government will not extend to same-sex couples the rights and protections provided to married heterosexual spouses. As a result of this patchwork, same-sex couples often have little guidance with regard to how they will be treated by the federal government and by other states as they move about the country. This panel will examine some of these difficulties. In particular, panelists will discuss issues related to interstate recognition of parent-child relationships, difficulties that same-sex couples face in the area of taxation and property because of the lack of federal recognition of their legal relationship with their partners, as well as the challenges that binational same-sex couples face.

• Patricia Cain, Professor, Santa Clara University School of Law
• Nikki Dryden, Staff Attorney, Immigration Equality
• Connie Hiatt, Partner, Hanson, Bridgett, Marcus, Vlahos & Rudy LLP
• Courtney Joslin, Professor, UC Davis School of Law

Co-Sponsors: General Practice Solo and Small Firm Division; National Lesbian and Gay Law Association; Section of Family Law; Section of Litigation