Baskin v. Bogan, Wolf v. Walker

A review of the same-sex cases Baskin v. Bogan, Wolf v. Walker that went through the United States Court of Appeals, Seventh Circuit on Sept. 4, 2014.

By Diana Shepherd, CDFA®Updated: June 03, 2020

Baskin v. Baskin: Same-sex couples brought action against the constitutionality of Indiana statute and Wisconsin’s banning of the same-sex marriage.

By Laura Morgan, Family Law Consultant

Same-sex couples brought action challenging constitutionality of Indiana statute and amendment to Wisconsin’s constitution banning same-sex marriage. Held: (1) Indiana statute banning same-sex marriage bore no rational relationship to legitimate state interest in enhancing child welfare; (2) amendment to Wisconsin constitution banning same-sex marriage did not further state interest in tradition; (3) amendment did not further state interest in acting deliberately and with prudence, or at the very least, gathering sufficient information; and (4) amendment did not further state interest in leaving decision as to whether to permit or forbid same-sex marriage to democratic process.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2014/D09-04/C:14-2526:J:Posner:aut:T:fnOp:N:1412339:S:0

Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com

Related Articles

Tennessee Judge Cites State Law in Ruling Against Same-Sex Divorce

A same-sex couple was denied the ability to divorce in their residing state of Tennessee by a judge citing state law. Roane County Circuit Judge Russel E. Simmons Jr. declined a request to divorce for two men who were married four years ago in Iowa, because Tennessee does not recognize same-sex marriage. Judge Simmons’ ruling upholds the voter-passed Tennessee marriage law that says marriage can only be between a man and a woman. Additionally, Tennessee state law considers out-of-state gay marriage to be “void and unenforceable.”

The Conundrum of Same-Sex Divorce in Florida

As same-sex couples continue to fight for the right to marry in many U.S. States, another major challenge is facing gay couples wishing to legally terminate their union. Kathleen Vacca is a recent example of a Florida resident being denied a divorce because the state does not recognize the legitimacy her same-sex marriage. A similar Hillsborough County case has received support from the 2^nd District Court of Appeal, which has asked that the Florida Supreme Court settle the same-sex divorce case.

Categories:

Published on: October 28, 2014

About the Author

Diana Shepherd, CDFA®

Diana Shepherd has over 30 years of experience as a marketing, branding, SEO, copywriting, editing, and publishing expert. As Content Director for Family Lawyer Magazine, Divorce Magazine, and Divorce Marketing Group, she oversees all corporate content development and frequently creates SEO-friendly videos, podcasts, and copy for family law and financial firms. The Co-Founder of Divorce Magazine and Divorce Marketing Group, Diana is an award-winning editor, published author, and a nationally recognized expert on divorce, remarriage, finance, and stepfamily issues. She has written hundreds of articles geared towards both family law professionals and divorcing people, and she has both performed and taught on-page SEO for 20+ years. Diana spent eight years as the Marketing Director for the Institute for Divorce Financial Analysts® (IDFA®), and she has been a Certified Divorce Financial Analyst® since 2006. While at IDFA, she wrote, designed, and published The IDFA Marketing Guide, and she also created seminars for CDFA professionals to present to family lawyers (approved for CLE), as well as to separated and divorcing individuals. She has represented both DMG and IDFA at industry conferences and events across North America, and she has given marketing as well as divorce financial seminars at many of those conferences.

Baskin v. Bogan, Wolf v. Walker

A review of the same-sex cases Baskin v. Bogan, Wolf v. Walker that went through the United States Court of Appeals, Seventh Circuit on Sept. 4, 2014.

About the Author

Diana Shepherd, CDFA®

Leave a Reply Cancel Reply