In re L.E.S.
Will consider whether a “would have been married” test created by an intermediate appellate court to determine whether a woman, who had children with a same-sex partner at a time when the state’s same-sex marriage ban was in effect, has parental rights over the children, violates separation of powers principles and the state constitution’s ban on retrocative laws by effectively rewriting state statutes that do not recognize common-law marriage and define parenthood in the case of artificial insemination.
Related Commentary
State Court Oral Arguments to Watch for in April
Issues on the dockets include parental rights under now-defunct same-sex marriage bans, New York City’s emissions caps for big buildings, and more.