Family law

The Detroit Free Press reports on the close of the trial in which plaintiffs are challenging Michigan's ban on same-sex marriage. During closing arguments, the plaintiffs' attorney said, "The right to marry is a fundamental right. It should apply regardless of sexual orientation," the Free Press further reports. The defense attorney for the state of Michigan argued that the Michigan voters had decided the issue, and the case "is about science, data, what's best for children," the Free Press also reports. The plaintiffs want to marry and adopt each other's children.

The Detroit Free Press reports on the end nearing in a trial over Michigan's ban on same-sex marriage. Closing arguments are slated for today. The trial has focused on "child outcomes of same-sex parenting," the Free Press also reports.

The Legal Intelligencer's P.J. D'Annunzio reports that Philadelphia Mayor Michael Nutter neither signed nor veteoed legislation that will establish City Council oversight over large contracts for a private law firm to represent criminal defendants and family-court litigants too poor to hire their own lawyers. No action by the mayor means that the bill becomes law.

Quality-control and financial audts will be triggered for large contracts where the Defender Association of Philadelphia or other non-profits can't represent clients due to conflicts.

Other legislation, which would give council authority to review contracts entered for less than one year, will require voter approval.

Nutter is trying to institute a private law firm to handle cases in an effort to improve the quality of legal representation, but there have been many objections, including from City Councilman Denny O'Brien and the lawyers currently doing that work. 

The Guardian's Cyril Ghosh writes that one downside to the fight to establish same-sex marriage rights in the United States is the demise of civil unions. Most states that had civil unions have phased them out in favor of converting them to marriages, Ghosh says. Civil unions have many advantages, he says: "There are a number of good reasons why both heterosexual and homosexual couples may wish to enter into a civil union instead of a marriage. For example, for many couples, civil unions provide a secular alternative to marriage that aligns with their values. Some may not be ready for a commitment like 'marriage' – a word that's laden with history and tradition. Others may not wish to enter into a marriage contract because they believe the institution carries distinctly religious connotations. They may also see marriage as a patriarchal institution and be ideologically opposed to it. Finally, many couples that have been married and divorced may not be ready to marry again, even though they might want to codify their relationship with their current partners and lovers in some way."

A challenge to Michigan's ban on same-sex marriage and on joint adoption by same-sex couples is going to a bench trial this week, the Detroit Free Press reports: "A key issue in this trial will be whether children raised by same-sex parents fare better or worse in life than children raised by heterosexual parents — or whether there’s no difference in their well-being." The plaintiffs argue that even under the lowest level of constitutional scrutiny, rational basis, that there is no reason to deny them the right to get married and adopt children, the Free Press further reports.

The cause of same-sex marriage and LGBT  rights advanced in several states around the country this week:

* The Idaho Supreme Court will now allow the adoption of a same-sex partner's children, The Washington Post's Eugene Volokh writes: "More broadly, the court concludes that such a second-parent adoption doesn’t require that the parties be married to each other, so that adoption of an opposite-sex partner’s (or even friend’s) children would be allowed as well, so long as the other requirements for adoption are met."

* Nevada has withdrawn its appeal to uphold that state's same-sex marriage ban, Bloomberg reports: "Nevada was defending a constitutional ban on same-sex marriages established by a voter-approved amendment. A federal judge in 2012 ruled that the state law didn’t violate the equal protection rights of eight same-sex couples that sued to overturn it. Yesterday, the state dropped its defense of the ban in the U.S. Court of Appeals in San Francisco" due to the 9th Circuit's ruling that heightened constitutional scrutiny would not allow a gay man to be excluded from a trial involving an AIDS drug.

* Same-sex couples have filed a lawsuit to challenge Texas' same-sex marriage ban, Reuters reports.

* Same-sex couples have filed a lawsuit to challenge Ohio's ban on allowing both same-sex partners on children's birth certificates, the Associated Press reports. A similar Ohio lawsuit over death certificates had success, and the attorney prosecuting the cases says his tactics "will give the U.S. Supreme Court a wider variety of legal arguments to consider when appeals from various states reach their chambers."

Mayor Michael Nutter's administration opposes legislation pending in the Philadelphia City Council that would create legislative oversight of contracts for the legal representation of Philadelphians too poor to afford their own lawyers in family court and criminal court, The Legal Intelligencer's P.J. D'Annunzio reports. Instead of having individual attorneys take court appointments, the administration is trying to contract with a new private law firm to do that work.

A City Council committee passed ordinances that would authorize City Council to review contracts involving legal representation of poor Philadelphians of more than $100,000, among other proposed changes.

According to The Legal, Michael Resnick, Nutter's director of public safety, testified in opposition: "The point of my testimony is that we contract for other services that implicate constitutional rights, we do it well, and we don't need the charter to be changed."

Delaware Business Court Insider's Jeff Mordock reported this week on Leo E. Strine Jr.'s confirmation as the chief justice of the Delaware Supreme Court. While Delaware is a preferred forum for America's corporations, one thing that struck me about Jeff's coverage is that Strine said he plans to focus on family court, which is an often overlooked area of law: "'One of the things I never forget is how important Family Court is. The Justice of the Peace Court comes into contact with more Delaware residents than any other court. The challenge of delivering the high-quality justice our court has done with limited resources is a daunting one and I'm committed to giving my all to do that. My background has positioned me well to understand the challenges of my colleagues in the other courts."'

Strine also defended the Court of Chancery's confidential arbitration program against the argument that it violates the First Amendment. Delaware is appealing to the U.S. Supreme Court in a last-ditch attempt to reinstate the program after the Third Circuit struck it down.

A federal judge has certified a class action over the treatment of American Indian children in South Dakota's foster care system, the Associated Press reports: "It alleges the state is violating the Indian Child Welfare Act by holding improper hearings after children are removed from homes. It says the hearings are sometimes as short as 60 seconds and do not give parents the opportunity to introduce evidence showing their ability to care for the child or to question the state."