In re L.E.S.
The Ohio Supreme Court overturned an intermediate court decision devising a “would have been married” test to assess the parentage of children born to same-sex partners who were banned from marrying pre-Obergefell v. Hodges. The court found the intermediate court lacked authority effectively to rewrite the relevant statute because it was not clearly unconstitutional under Obergefell or its progeny.
Related Commentary
Defining Legal Parenthood for Same-Sex Families
Now-unconstitutional bans on same-sex marriage can undermine efforts to establish parental rights even today.
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.