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May 05, 2015

Challenges to Same-Sex Marriage Laws

Jenkintown Family Law Attorney

Across the country, proponents of same-sex marriage have claimed victory: news stories covering legal battles in state after state have portrayed same-sex marriage in a favorable light, as an evolutionary moment whose time has come. What has gone largely unnoticed in all of this, however, is an emerging divide between the courts (judges) and lawmakers.

In general, judges have ruled in favor of same-sex marriage on constitutional grounds, citing equal protection considerations under the Fourteenth Amendment. This has resulted in a series of court decisions that require states to treat same-sex couples in the same way they treat heterosexual couples.

Lawmakers and Challenges to Same-Sex Marriage

A number of lawmakers have responded to what amounts to the legalization of same-sex marriage by introducing bills rooted in constitutional principles related to freedom of conscience and freedom of speech. For example, in North Carolina, legislators have introduced a bill that allows officials to opt out of providing wedding services to same-sex couples.

Critics of the bill argue that magistrates (or other qualified government officials) serve the people. As such, unlike a certified private citizen or clergy member, they are not in a position to opt out of providing the very services they are paid to render to the public in the first place.

This view, however, assumes magistrates and other officials are not allowed any sort of discretion in the execution of their duties: the police officer who is paid to enforce the law must write a ticket for those caught speeding – there is no room for giving a driver “a break;” the doctor who works at a public health facility must perform an abortion if called upon to do so. But neither of these constitutes a reasonable expectation just because one “serves the public.”

New Laws and the Emerging Cultural War Battle Line

Proponents of same-sex marriage claim public sentiment towards same-sex marriage (and homosexuality in general) has shifted from one of disapproval to one of support. Consequently, activists warn politicians that any attempt to circumvent recent legal decisions through new anti same-sex marriage laws will only result in a backlash against legislators who propose them.

However, if the number and distribution of proposed bills is any indication, such thinking might be little more than wishful thinking on the part of activists. Politicians, a notoriously self-interested and pragmatic group, often avoid upsetting their constituents if it means being run out of office. If lawmakers were really worried about running afoul of a new pro-homosexual trend, they wouldn’t be introducing these kinds of bills at the rate they are.

Same-Sex Marriage: Where do We go from Here?

It’s unlikely that the war over same-sex marriage has ended. Despite what is often portrayed in a triumphalist tone in a predominantly sympathetic media, many Americans remain skeptical regarding the wisdom of making same-sex marriage and homosexuality normative. For this reason, legal challenges and battles are likely to continue for some time surrounding the issue of same-sex marriage.

For more information regarding Pennsylvania law regarding same sex marriage, contact family law attorney Us Joanne Kleiner and Associates today.

Apr 27, 2015

Christian Millennials Debate Gay Marriage — Redefine Morality

Presbyterian Church Votes to Redefine Marriage

In March, the Presbytery of the Palisades, in California, voted to amend the constitution of the Presbyterian Church (U.S.A), changing the church’s definition of marriage, previously identified as between “a man and a woman.” It now reads “between two people.” Most sources were not surprised, as the PC-USA, the largest denomination of Presbyterians, is also the most socially liberal. Experts say it also speaks to the new perspectives on gender identity and marriage that have become an ordinary part of life for many “millennials,” those coming into adulthood at the beginning of the 21st century.

David Gushee, a nationally recognized authority on Christian ethics who teaches at Mercer University in Atlanta, says that today’s young adults have grown up with a greater sense of equality in all areas of life—greater gender equality, greater racial equality—and this has led them to question the church’s perspectives on sexual orientation and long-held moral tenets. Gushee, who fully supports inclusion of gays and lesbians in church services and ceremonies, believes that younger Christians want an open dialogue on the church’s response to and participation in the move toward “full civil equality.”

Studies show that, with very few exceptions, the trend among young Christians is toward acceptance of gay, lesbian, bisexual and transgender lifestyles. Even among Evangelicals, considered by many to be among the most socially conservative (and opposed to gay marriage) among believers, the percentage of communicants favoring gay marriage has more than doubled since 2000 (from 20% to 43%). Nearly nine of every 10 self-identified Roman Catholics under the age of 30 say that homosexuality should be condoned as an ordinary part of society.

Gushee, who says he relies on the Protestant Bible as his authority, says that changing perspectives on morality is not inconsistent with Biblical teachings. He points out that church leaders and believers have dramatically changed their perspectives on what the Bible says about women, slavery and race relations.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Apr 13, 2015

State Lawmakers Try to Undermine Movement toward Acceptance of Same-Sex Marriage

Nationwide Legislative Backlash Seeks to Limit Gay Marriage

Legislators across the country have been frantically pushing new legislation, seeking to impose a variety of different laws to make it more difficult for persons of the same gender to legally marry.

  • In Oklahoma, the state House of Representatives passed a bill that requires marriages to be conducted by a judge, retired judge or licensed clergyperson, taking county clerks out of the marriage business. The move may have had the opposite effect of its intent, though, as it has led many in the state to obtain clergy licenses in order to perform gay marriages.
  • North Carolina legislators are working on a bill that would allow government officials to “opt out” of performing any marriage ceremony if they have a “sincerely held religious objection.”

Oklahoma and North Carolina are not the only states where legislators are seeking to limit the rights of lesbian, gay, transgender and bisexual persons. In the first three months of this year, 85 proposed laws have been introduced in the legislatures of 26 states, all seeking to limit or restrict same-sex marriage. A proposed statute in South Carolina would withhold the salaries of state officials who perform gay marriages. In Louisiana, a bill introduced last week would allow businesses to refuse service for same-sex weddings and deny benefits to employees in same-sex marriages.

Experts say that the bulk of these laws will likely not pass, or, if they do, will be found unconstitutional. Nonetheless, no one expects that legislative efforts to restrict gay marriage will end anytime soon.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Feb 12

More Mothers Paying Child Support

Breakdown of “Glass Ceiling” Leads to More Moms Paying Child Support

Working MotherAs more and more women break into professions once dominated by men, and more and more women become the primary breadwinners in their marriages, more and more dads are taking on roles traditionally the domain of women—watching kids at home, taking children to and from school, attending school activities and monitoring free time. One of the unexpected consequences—more and more dads are asking for (and receiving) child custody and child support when parties divorce.

The long-held assumption, previously written into the law in many states, was that the mother was biologically more suited to be a nurturer. Known as the “tender years doctrine,” the principal was routinely used to grant physical custody to mothers. All of that has changed, however.

The tender years doctrine is no longer officially accepted in any jurisdiction. Instead, courts are generally charged with establishing custody, visitation and support arrangements that are “in the best interests” of minor children. Where the minor children have spent most of their waking hours with a stay-at-home dad, the overwhelming trend is to give custody to the father, and accordingly to order the mother to pay child support.

Every state has its own formula for determining child support, typically taking into account the incomes of both parties, as well as any special needs of the child. Courts won’t automatically grant custody to the stay-at-home parent at the time of the divorce, but try to look at the situation and make a decision that is in the best long term interests of the children. But a couple trends do seem clear: the parent who had primary responsibility for meeting the children’s financial needs during the marriage will still have that responsibility after a divorce, and the parent who had the most impact and day-to-day contact with the children will likely retain the role as custodial parent.

Contact Our Office

At the law office of Joanne E. Kleiner & Associates, we have protected the rights of men and women in and around Philadelphia for more than 25 years. Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Feb 05

What You Need to Be Concerned About in a Property Settlement

Protecting Yourself When Dividing Marital Debts and Assets

Property settlementIn the aftermath of a divorce, one of the most challenging tasks can be the equitable distribution of the debts and assets of the marriage. Some assets may be easily divided, such as bank accounts. Other property items may more appropriately belong to one party or the other—personal items such as jewelry, books and clothes. Often, parties will hide assets or intentionally waste or dissipate assets for a variety of reasons.

Pennsylvania is an equitable property distribution state for purposes of dividing a marital estate. You can come to an agreement with respect to how property will be divided, although the court may review and reject that agreement if there is evidence of domestic abuse, or of intimidation, duress or undue influence. If you can’t come to an agreement, the court will order the distribution of property, based on a number of factors, including, but not limited to:

  • The length of your marriage
  • The age, health, station in life and potential sources of income of both parties
  • Whether either party was previously married
  • Any wrongful conduct by either party, including efforts to dissipate or hide marital assets

    • When considering the division of marital property, you want to be concerned about:

    • The determination of an accurate fair market value for all property
    • Your ability to obtain an accurate accounting of all marital debts and assets
    • Whether you want property that may be a financial burden, such as the marital home, or whether it will be in your best interests to sell it
    • Your potential interest in your ex-spouse’s retirement plan, even if your ex is not retired or of retirement age

    Contact Our Office

    At the law office of Joanne E. Kleiner & Associates, we have protected the rights of men and women in and around Philadelphia for more than 25 years. Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.