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TOP6NEWS - September 16, 2004


1-NEWSLambda files suit against GA m amendment

2-NEWS:  MI AG opinion: MA ssm couples can't adopt

3-NEWS:  Lambda files federal suit to overturn OK adoption law

4-NEWS:  Manitoba legalizes ssm

5-NEWS:  SS divorce rules in Canada still hazy

6-OP-EDIN judge wants legislature to address ss custody cases ________________________________________________________

1-NEWS: Lambda files suit against GA m amendment

Complaint

Memo in support of complaint

Plaintiff's motion for injunction

Opponents of gay marriage ban file suit
By SONJI JACOBS
The Atlanta Journal-Constitution
Published on: 09/16/04
http://www.ajc.com/metro/content/metro/0904/16aclusuit.html
Opponents of a proposed constitutional amendment to ban gay marriage in Georgia filed a lawsuit Thursday in Fulton County Superior Court in an attempt to stop the Nov. 2 vote.

The Georgia ACLU, Lambda Legal and several plaintiffs, including State Rep. Tyrone Brooks (D-Atlanta) and state Sen. David Adelman (D-Decatur), contend the ballot question is "deceptive" because the proposed amendment goes further than simply banning same-sex marriage.

The lawsuit also claims the amendment violates the state Constitution because it covers several issues in addition to gay marriage, such as civil unions and the jurisdiction of Georgia courts. Several groups opposing the amendment claim it could threaten domestic partnerships, hospital visitation rights, medical and financial powers of attorney, and parental rights.

"This lawsuit is about protecting the voters of Georgia and protecting the sanctity of the ballot," said Beth Littrell, attorney for the Georgia American Civil Liberties Union.

Littrell and lawyers from Lambda Legal, a national organization representing the lesbian, gay, bisexual and transgender community, said they oppose the idea of a gay marriage ban, but emphasized the lawsuit focused solely on the legal aspects of the constitutional amendment and ballot question.

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2-NEWS: MI AG opinion: MA ssm couples can't adopt

Associated Press, September 15, 2004
http://www.freep.com/news/statewire/sw104247_20040915.htm
Michigan AG's opinion on adoption concerns gay rights groups
LANSING, Mich. (AP) -- An attorney general's legal opinion that same-sex couples married in Massachusetts cannot adopt a child together in Michigan has angered gay-rights advocates and others who said Wednesday it disregards children's best interests.

The opinion, written by Attorney General Mike Cox, said a same-sex marriage performed in another state is invalid in Michigan and therefore precludes that couple from obtaining a joint adoption here.

"It's an anti-family opinion," said Beverly Davidson, president of the Coalition for Adoption Rights Equality, which supports same-sex adoptions. "There are a number of children in our state who need permanent homes. Limiting who can adopt them is a disservice."

While the Republican attorney general's opinion specifically addressed whether the state can recognize same-sex marriages performed in Massachusetts and whether those couples can adopt children in Michigan, critics worry that it further cripples gays' rights and their ability to adopt.

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3-NEWS: Lambda files federal suit to overturn OK adoption law

Complaint
Gay couples contest new adoption law
By APRIL MARCISZEWSKI
Associated Press Writer
http://www.newsday.com/news/local/wire/ny-bc-nj--gayadoption0915sep15,0,2176694.story
September 15, 2004, 8:16 PM EDT
OKLAHOMA CITY -- Three homosexual couples filed a federal lawsuit Wednesday, seeking to overturn an Oklahoma law that prohibits the state from recognizing adoptions by same-sex couples from other states and countries.

Sixteen state representatives and one senator wrote the law, which Gov. Brad Henry signed in May, in response to an opinion issued by Attorney General Drew Edmondson a month earlier. The opinion required the state to recognize all adoptions, regardless of the gender of parents.

A gay couple from Washington state, Ed Swaya and Greg Hampel, sought the opinion when they asked for a birth certificate listing both of them as their daughter's parents. The state Health Department had initially refused to list Swaya because he was not the birth mother. 

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4-NEWS: Manitoba legalizes ssm

Manitoba legalizes same-sex marriage
CTV.ca News Staff
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1095346057822_90755257/?hub=Canada
Manitoba has become the fifth jurisdiction in Canada to legalize same-sex marriage.
Court of Queen's Bench Justice Douglas Yard ruled Thursday morning that the current definition of marriage in provincial law is unconstitutional.

"The traditional definition of marriage in Manitoba is reformulated to mean a voluntary union for life of two persons at the exclusion of all others,"  Justice Yard said in his decision.

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5-NEWS: SS divorce rules in Canada still hazy

Same-sex divorce rules still hazy
Does decision bind judges elsewhere?
Couples outside Ontario face obstacles
TRACEY TYLER
September 15, 2004
Toronto Star LEGAL AFFAIRS REPORTER
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1095199811734&call_pageid=968332188492&col=968793972154

Now that an Ontario couple has been given Canada's first same-sex divorce, experts are divided over just how easy it will be for gays and lesbians in other provinces to end their marriages.

The women, known only as M.M. and J.H., were divorced on Monday by a Superior Court judge, who declared the definition of spouse in the federal Divorce Act unconstitutional. The law had defined spouse as a man or woman married to each other and prevented same-sex couples from divorcing.

Same-sex divorce may seem like "a no-brainer," said Brenda Cossman, a professor and family law expert at the University of Toronto's law school.

"If you can get into marriage, surely to God you've got to be able to get out," she said yesterday.
But while Madam Justice Ruth Mesbur's ruling broke new ground, courts in other provinces are not bound by her decision, and same-sex couples outside Ontario might have to go through the same "legal hoops" as M.M. and J.H., Cossman said.

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Nothing in the legislation, however, deals with same-sex divorce.
"So we're still just going to have this piecemeal reform until the feds get their act together," Cossman said.
But Martha McCarthy, M.M.'s lawyer, strongly disagrees.
Once Mesbur issues her reasons for judgment, "no one is going to have to fight this particular battle again," McCarthy said. "They'll rely on this case."

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6-OP-ED: IN judge wants legislature to address ss custody cases

Judge seeking custody laws in same-sex cases
By James A. Gillaspy
Indianapolis Star james.gillaspy@indystar.com
September 16, 2004
 http://www.indystar.com/articles/7/179073-7907-009.html
A judge in a custody dispute between parents who are each the boy's mother is urging legislators to help jurists in his position.

"Unfortunately, the Indiana General Assembly has not yet created a vehicle for a court to address child custody disputes when a same-sex relationship terminates," Hamilton Superior Court Judge Bernard "Buddy" Pylitt said in a recent order setting a final hearing in the case for Jan. 31.

"The General Assembly is encouraged to address this vacuum at its earliest convenience."

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