Michigan LGBTQ Law
While there are lots of law blogs out there who discuss all kinds of matters...but not a lot of blogs that understand the LGBTQ community. While the people and blogs may be catching up, there are still many people who do not understand the special circumstances that may be presented by being a member of the LGBTQ community. Here at the Chris Kessel Law Blog, I will try and present some of the legal issues that may impact the LQBTQ community. I hope that my experience representing members of this community will help to provide you comfort and the knowledge that the system can work for you.
While there are lots of lawyers who handle many different matters, there are not as many lawyers who understand different clients. While the laws may be slowly catching up, there are still many people who do not understand the special circumstances that may be presented by having a client who is a member of the LGBTQ community.Unfortunately, as a gay or lesbian individual or a same-sex couple, the process of finding an attorney is often times more difficult because of the judgments and prejudices that exist in today’s society. There are private attorneys, and those both inside and outside the government, who believe that gay or lesbian individuals and same-sex couples do not experience these types of judgments of prejudices.
Marriage Equality in Michigan: DeBoer v. Snyder
On March 21, 2014, the historic, landmark decision in the case of DeBoer v. Snyder was handed down. The case garnered national attention because it was the first instance where a full trial was held on the direct issue of the constitutionality of a same-sex marriage ban since the Prop 8 case in California. Dana Nessel, formerly of Nessel & Kessel Law, was one of the lead attorneys on the case. This decision, written by Judge Bernard Friedman, struck down Michigan’s 2004 voter approved ban on same-sex marriage. In ruling that the ban was unconstitutional, the judge said that there was no legitimate reason for the State of Michigan to deny same-sex couples the same rights as straight couples. This ruling meant that Michigan’s ban on same-sex, second parent adoptions for married couples was also unconstitutional. This decision has now changed the face of adoption for same-sex couples.
The very next day, Saturday, March 22, 2014, hundreds of gay and lesbian couples flocked to circuit courts across the metro area in hopes of receiving a marriage license. Thankfully, even though it was a Saturday, many of them succeeded. On that day, some 300+ couples entered into legal, valid marriages. As soon as those couples were married, the now, step-parent would have the legal right to adopt the child of their spouse. However, as is often the case, these matters are not so simple. If you have a family law matter and are a member of the LGBTQ community and would feel more comfortable in the hands of an attorney who has fought for the rights of the LBGTQ community, contact Chris Kessel now.


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