Stem cell research may be what’s under attack right now, but the logical next target is in vitro fertilization. (Michael Kinsley, “The False Controversy of Stem Cells”, Time, May 31).
Posts Tagged ‘family law’
Virginia primitive, round 5
Ramesh Ponnuru of National Review Online (“The Corner”, May 18) has written in defense of the new Virginia statute, much criticized in this space, which declares null and void within the state not only civil unions but also any “partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage” (Mar. 19, Apr. 18, Apr. 23, May 12). As I noted two weeks ago, given the unclarity of the law’s drafting, a prolonged guessing game about its meaning may be inevitable; but some guesses are more plausible than others.
Custody law’s inquisitors
Court-appointed forensic evaluators, who may be psychiatrists, psychologists or social workers, wield extraordinary influence in New York custody litigation. Judges usually go along with their recommendations, which can include the smallest minutiae of visitation; they can present the court with a bill for $40,000 or more, which the parents have no choice but to pay; and some parents and lawyers believe that cronyism plays a part in some judges’ handing out of the lucrative appointments. “And many — including some forensics — question whether there is any scientific basis to justify the evaluators’ recommendations.” (Leslie Eaton, “For Arbiters in Custody Battles, Wide Power and Little Scrutiny”, New York Times, May 23).
Uncivil Virginia: debate continues
The newly enacted Virginia statute which bans private contracts and other unspecified “arrangements” that “purport[] to bestow the privileges or obligations of marriage” (see our posts of Mar. 19, Apr. 18, Apr. 23) gets wider discussion, in places that include a Washington Post editorial (“Uncivil Disunion”, May 9) and a commentary by UCLA’s Eugene Volokh (May 10). Andrew Sullivan (May 6) linked to our coverage last week in sounding the alarm about the law. A range of further views: Obsidian Wings, Beaverhausen, Ramesh Ponnuru, Justin Katz. It should be noted that although several of the above commenters express a high degree of certitude (sometimes in opposite directions) as to whether the bill would or would not ban various forms of private arrangements commonly entered into by same-sex couples (e.g. medical powers of attorney, wills, pooling of assets), the actual experience under the law is more likely to consist of a prolonged guessing game as to whether or not such devices, singly or in combination, are or are not too “marriage-like” to be upheld as valid — and that guessing game is likely to impose significant costs on hapless persons caught up in the Virginia legal system even if the law is eventually construed narrowly or struck down. Update May 31: response to Ponnuru defense of law.
Update: Virginia primitive, cont’d
By margins of more than 2-1, ensuring its enactment into law, both houses of the Virginia legislature have passed HB 751, which would declare null and void all “partnership agreements” between persons of the same sex that “bestow the privileges or obligations of marriage” and bar the enforcement of such agreements (including agreements reached between residents of other states). Critics (see Mar. 19, Apr. 18) and Gov. Mark Warner have warned that the bill may open the door to legal challenges to private contractual arrangements, powers of attorney and similar legal devices when employed between persons of the same sex. Religious right groups hailed the votes; the bill’s sponsor denied that it was intended to affect private contractual arrangements. The bill becomes the law of the Commonwealth July 1. (Christina Nuckols, “Lawmakers restore full ban on gay unions, partnerships”, The Virginian-Pilot, Apr. 22; Michael Sluss, “Warner’s amendments die in House”, Roanoke Times, Apr. 22). More: David Hill, Eric Scheie and Tim Hulsey comment. (Corrected/updated May 6 to clarify final status of bill.) Yet more: May 12, May 31.
U.K. mulls spanking ban
British officialdom is debating whether to outlaw all spanking of children — even by their own parents. “Physical punishment by teachers was outlawed in Britain’s state-run schools in 1986 and in private schools in 1999. … Last year, the government committed itself to banning childminders from spanking children, even when they have permission to do so from the child’s parents.” The final step, now being urged by a highly mobilized lobby of purported child advocates, is to extend the ban to parents themselves. The “campaign has little to do with weighing the merits, or otherwise, of spanking as a form of discipline,” writes Brendan O’Neill, assistant editor of the journal Spiked-Online. “Rather, it is driven by a view of parents, and adults in general, as not being trustworthy enough to care for children.” (“Britain debates: to spank or not to spank “, Christian Science Monitor, Apr. 19).
Update: Virginia primitive
Tim Hulsey (Apr. 17) has an update on HB 751, the bill that has passed the Virginia legislature (see Mar. 19) which would render void and unenforceable “partnership contracts” and “other arrangements” between persons of the same sex, perhaps extending even to powers of attorney and other conventional legal devices. It seems Democratic Gov. Mark Warner has taken exception to the most objectionable language in the bill, but has not actually vetoed it. Update Apr. 23: legislature enacts original bill into law despite governor’s objections. Yet more: May 12, May 31.
U.K.: “Legal system is failing fathers, says judge”
Britain: “One of the country’s most senior family judges launched a blistering attack on the legal system yesterday for failing divorced and separated fathers. Mr Justice Munby said he felt ‘ashamed’ after dealing with a man who had fought unsuccessfully for five years to see his daughter,” the mother having ignored contact arrangements and groundlessly accused him of abuse and domestic violence. (Sarah Womack and Yolanda Copes-Stepney, Daily Telegraph, Apr. 2).
Virginia primitive
Amid worldwide publicity, the commissioners of rural Rhea County, Tennessee, quickly rescinded their call for legislation allowing the county to prosecute gays and lesbians for “crimes against nature”; Commissioner J.C. Fugate had asked the county attorney to find a way to “keep them out of here.” (“Rhea County Commission Rescinds Gay Ban”, The Chattanoogan, Mar. 18; “Tennessee county reverses ban on gays”, Ellen Barry, “County Rescinds Vote to Ban Gay Residents”, L.A. Times, Mar. 18; AP/San Francisco Chronicle, Mar. 19). By contrast, there’s been much less attention paid to a proposed statute nearing enactment in supposedly civilized Virginia which might serve almost as effectively in sending a “don’t live here” message to gays.
Your laptop? Hand it over
Yet another hazard of modern divorce: the judge may forbid you to use, alter or even turn on your personal computer — work files and all — lest you erase or overwrite some email or spreadsheet that your hubby might want to hold against you. “Stamford Superior Court Judge Kevin Tierney recently took the highly unusual step of ordering Mary Ranta to stop using her laptop altogether and immediately turn it over to the court clerk’s office. … Tierney said his goal was to preserve electronic data for discovery.” (Thomas B. Scheffey, “Lockdown Ordered for Laptop”, Connecticut Law Tribune, Mar. 16).