Bankruptcy court rules against gay-marriage ban
Bankruptcy
Gene Balas and Carlos Morales were facing health problems and crushing financial pressures plaguing many U.S. households when they decided to file bankruptcy as a married couple.
The Obama administration said they couldn't, citing the Defense of Marriage Act, which prohibits federal recognition of same-sex marriages.
On Monday, 20 of 24 judges sitting on the country's largest consumer bankruptcy court sided with the gay couple. In doing so, the court took the extraordinary step of declaring the Defense of Marriage Act unconstitutional.
The ruling is the first such attack of the Defense of Marriage Act in bankruptcy court, and it adds to the building pressure on the Obama administration to make good on a February pledge to stop defending the law in court.
Balas and Morales were among the 18,000 Californian same-sex couples who wed Aug. 30, 2008, during the brief period when gay marriages were legal in the state.
"It is hurtful to hear my own government say that my marriage is not valid for purposes of federal law," Balas said in a court filing.
Related listings
-
Blockbuster showdown coming today in bankruptcy court
Bankruptcy 04/04/2011Several bidders are set to duke it out for Blockbuster Inc. at a bankruptcy auction in New York today. They reportedly include Dish Network Corp. and billionaire investor Carl Icahn.The movie-rental chain has received several bids other than the open...
-
Chicago pizza chain files Chapter 11 bankruptcy
Bankruptcy 02/18/2011The Chicago-based pizza chain Giordano's has filed for Chapter 11 bankruptcy, but will continue operating with court approval to use part of a $36 million bankruptcy loan to pay employees and vendors.The chain, known for its stuffed pizza, owes nearl...
-
A&P Bankruptcy May Prompt Ahold Bid for Pathmark
Bankruptcy 12/13/2010Great Atlantic & Pacific Tea Co.’s filing for bankruptcy protection may prompt Dutch competitor Royal Ahold NV to bid for the U.S. retailer’s Pathmark stores to add to grocery operations in the country, analysts said. A&P, which operates 400 ...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.