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CitationStanley v. Ill., 405 U.S. 645, 92 S. Ct. 1208, 31 L. Ed. 2d 551, 1972 U.S. LEXIS 70 (U.S. Apr. 3, 1972) Brief Fact Summary. Appellant had an ongoing relationship with a woman with whom he sired and raised three children. Upon the death of the mother the children were deemed wards of the State under an Illinois law that did not place children in the custody of unwed fathers. Synopsis of Rule of Law. The statute violated appellant’s equal protection under the laws by depriving him of custody of his children when married fathers and unwed mothers could not be deprived of custody ...

CitationMichael H. v. Gerald D., 1992 U.S. LEXIS 3091, 504 U.S. 905, 112 S. Ct. 1931, 118 L. Ed. 2d 538, 60 U.S.L.W. 3779 (U.S. May 18, 1992) Brief Fact Summary. Carole had an adulterous affair with Michael while married to Gerald. A child was born while Carole and Gerald were together, but was likely Michael’s child. Michael and the child by guardian ad litem brought suit to establish paternity and a right to visitation. Synopsis of Rule of Law. An adulterous, natural father does not have a constitutional right to paternity over the marital father. ...

CitationClark v. Jeter, 486 U.S. 456, 108 S. Ct. 1910, 100 L. Ed. 2d 465, 1988 U.S. LEXIS 2490, 56 U.S.L.W. 4527 (U.S. June 6, 1988) Brief Fact Summary. Petitioner challenged a Pennsylvania statute that required proof of paternity to receive support, and established a six year statute of limitations for paternity actions. Synopsis of Rule of Law. Under heightened scrutiny the statute is unconstitutional because it is not substantially related to the State’s interest in avoiding the litigation of stale or fraudulent claims. ...

CitationL. Pamela P. v. Frank. S., 59 N.Y.2d 1, 449 N.E.2d 713, 462 N.Y.S.2d 819, 1983 N.Y. LEXIS 3020 (N.Y. May 3, 1983) Brief Fact Summary. Respondent claimed fraud and deceit as a defense to child support obligations after petitioner misled him with regard to her use of contraception. Synopsis of Rule of Law. The New York statute not permitting consideration of fraud and deceit when determining child support does not violate respondent’s constitutional right to privacy. ...

CitationVasquez v. Hawthorne, 99 Wn. App. 363, 994 P.2d 240, 2000 Wash. App. LEXIS 229 (Wash. Ct. App. Feb. 11, 2000) Brief Fact Summary. Two male adults lived together as life-partners for years. One of the men passed away, and the other brought suit against the estate claiming an entitlement to the community property under the theory that they were involved in a meretricious relationship. Synopsis of Rule of Law. The Court found that the relationship was not meretricious or quasi marital because the parties were unable to legally marry. ...

CitationIn re Adoption of Swanson, 623 A.2d 1095, 1993 Del. LEXIS 201 (Del. Apr. 27, 1993) Brief Fact Summary. A 66 year old adult attempted to adopt his 51 year old companion for estate and tax purposes. The Family Court denied the petition because there was no preexisting parent-child relationship. Synopsis of Rule of Law. There is a general disinclination to examine the motives for adult adoption outside of common sense limitations that are provided for in the Law’s grant of discretion. ...

CitationState v. Yaden, 2010 Wash. App. LEXIS 534, 154 Wn. App. 1059 (Wash. Ct. App. Mar. 9, 2010) Brief Fact Summary. A same-sex couple became involved in a domestic dispute, and appellant was found guilty of violation of a domestic violence statute. Appellant claimed that the statute was inapplicable because the same-sex relationship does not fall within the statutory definition of living with a spouse. Synopsis of Rule of Law. The court examined the definitions of cohabitation in various jurisdictions to determine that cohabitation requires financial support and consortium. ...

CitationBraschi v. Stahl Associates Co., 74 N.Y.2d 201, 543 N.E.2d 49, 544 N.Y.S.2d 784, 1989 N.Y. LEXIS 877 (N.Y. July 6, 1989) Brief Fact Summary. Two men lived as life partners for over ten years. Upon his partner’s death appellant was threatened by respondent with eviction based on the theory that he was not a family member as protected by rent control law. Synopsis of Rule of Law. Without legislative definition, the court determines the definition of family by examining the intent of the legislation. Based on the intent of the rent control law, an expansive definition of family ...

CitationShahar v. Bowers, 114 F.3d 1097, 1997 U.S. App. LEXIS 13069, 70 Empl. Prac. Dec. (CCH) P44,739, 12 I.E.R. Cas. (BNA) 1582, 11 Fla. L. Weekly Fed. C 35 (11th Cir. Ga. May 30, 1997) Brief Fact Summary. Appellant brought suit against the Attorney General after a job offer was withdrawn when the Attorney General discovered that appellant intended to enter into a same-sex marriage. Same sex marriages are not recognized under Georgia law. Synopsis of Rule of Law. The Court found that the appropriate test for evaluating the constitutional implications of a government employer’s decis ...

CitationIn re Guardianship of Kowalski, 478 N.W.2d 790, 1991 Minn. App. LEXIS 1196 (Minn. Ct. App. Dec. 17, 1991) Brief Fact Summary. Appellant petitioned to be appointed guardian of her lesbian partner after her partner was involved in a serious accident. The court denied appellant’s petition and instead attempted to appoint what it considered to be a neutral guardian. Synopsis of Rule of Law. The appointment of a guardian should be based on the best interests of the ward, taking into consideration the ward’s expressed preference and the petitioner’s qualifications. ...

CitationMarvin v. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815, 1976 Cal. LEXIS 377 (Cal. 1976) Brief Fact Summary. Plaintiff and defendant lived in a nonmarital relationship, with an oral agreement to share equally all property accumulated. Upon dissolution of their relationship, plaintiff brought suit to enforce the oral agreement. Synopsis of Rule of Law. The California court found that partners in nonmarital relationships may bring claims for property division based on both express and implied contracts. ...

Citation2 S.C.R. 3 View this case and other resources at: Brief Fact Summary. M. brought suit after dissolution of her same-sex relationship with H. for partition of property and support. She also challenged a Canadian Act that provided for marital support in some instances for opposite-sex nonmarrital couples but did not provide the same support for same-sex couples. Synopsis of Rule of Law. The Act violated the Canadian Charter because it violated Canada’s equivalent to the Equal Protection Clause of the United States Constitution. ...

CitationDoe v. Duling, 782 F.2d 1202, 1986 U.S. App. LEXIS 22121 (4th Cir. Va. Feb. 7, 1986) Brief Fact Summary. Appellees brought suit challenging Virginia criminal statutes outlawing fornication and cohabitation. Appellees did not allege prosecution or threat thereof, but rather alleged that they had ceased participating in such activities due to fear of prosecution. Synopsis of Rule of Law. To challenge the validity of a criminal statute the challenging party must show a threat of prosecution under the statute to present a case or controversy. ...

CitationBowers v. Hardwick, 478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. 2d 140, 1986 U.S. LEXIS 123, 54 U.S.L.W. 4919 (U.S. June 30, 1986) Brief Fact Summary. Respondent was charged for committing sodomy after he engaged in the act with another adult male in respondent’s home. Respondent claimed that his status as a homosexual placed him in imminent danger of arrest. Synopsis of Rule of Law. The right to engage in sodomy in the privacy of the home is not a fundamental right protected by the United States Constitution. ...

CitationUnited States Dep’t of Agric. v. Moreno, 413 U.S. 528, 93 S. Ct. 2821, 37 L. Ed. 2d 782, 1973 U.S. LEXIS 33 (U.S. June 25, 1973) Brief Fact Summary. An amendment to the Food Stamp Act prevented households made up of unrelated individuals from participating in the program. A class action suit was brought, and the District Court found a Due Process violation. Synopsis of Rule of Law. The amendment was not rationally related to a legitimate governmental interest, therefore it violated the Due Process Clause. ...

CitationMoore v. East Cleveland, 431 U.S. 494, 97 S. Ct. 1932, 52 L. Ed. 2d 531, 1977 U.S. LEXIS 17 (U.S. May 31, 1977) Brief Fact Summary. A Cleveland statute made it a crime for a dwelling to contain members of more than one family, and limited the definition of family to a basic nuclear family. Appellant was convicted under the statute when her son, grandson, and a grandson from another child all lived with her. Synopsis of Rule of Law. The right to live as a family unit is protected under the Due Process Clause of the Fourteenth Amendment. ...

CitationBelle Terre v. Boraas, 416 U.S. 1, 94 S. Ct. 1536, 39 L. Ed. 2d 797, 1974 U.S. LEXIS 122, 4 ELR 20302, 6 ERC (BNA) 1417 (U.S. Apr. 1, 1974) Brief Fact Summary. Appellees brought suit challenging the constitutionality of a law that restricted lad use to one-family dwellings. Synopsis of Rule of Law. The restrictive land ordinance did not impinge on any fundamental constitutional interests and was rationally related to a permissible state objective. ...