Maine Law for the Lesbian, Gay, Bisexual, and Transgender Community
admin
This user hasn't shared any biographical information
Posts by admin
Estate Planning
Sep 16th
Mapping it all out – protecting yourself and your loved ones with estate planning
Estate planning isn’t typically high on the list of priorities for any couple. It typically makes it onto the radar if a couple has children, is about to travel a long distance in a plane, or has had some sort of conflict with a family member and they want to insure that individual doesn’t cause a problem for their partner when they pass.
As an LGBTQ individual or couple in Maine, however, there are few things you can do to protect yourself and your partner and family from difficulties they may encounter when your life comes to an end. While filing with your city or the state as domestic partners offers your partner the benefits of inheritance, it’s not a guarantee that everything will go the way you’d like – after all, when all is said and done, you’ll be dead, and won’t be able to help your partner and family progress smoothly through the funeral and the division of your estate.
What you can do to help your family is to set up an appointment with your attorney and get your estate planning in order. There are a number of pieces to this process, including powers of attorney, advance directives, and wills. Each piece of the puzzle serves a specific role in assuring that your family will be cared for, the funeral and process after will go off without a hitch, and your wishes will be respected and honored by those who love you the most.
US Bankruptcy Court in 2 states declare DOMA inapplicable and unconstitutional
Jul 25th
Two months, two opinions. The US Bankruptcy Court for the Southern District of New York and the US Bankruptcy Court for the Central District of California, in two separate decisions, have held that the Defense of Marriage Act is unconstitutional, and will not hold up to judicial scrutiny. On May 4, 2011 New York declared that a joint bankruptcy filed by a legally married same-sex couple may not be dismissed solely because DOMA defines a spouse as “a person of opposite sex who is a husband or wife.” On June 13, 2011, California took this one step further by holding that, not only did DOMA not prevent a same-sex couple from jointly filing for bankruptcy, it actually “deprives [the couple] of the equal protection of the law to which they are entitled,” and “violates their equal protection rights afforded under the Fifth Amendment of the United States Constitution.”
When you think of groundbreaking legal events, “bankruptcy court” may not be the first thing that springs to mind. These opinions, however, may open the door for more comprehensive attacks on DOMA. These opinions may eventually lead to repeal of DOMA. Only time will tell, but whatever follows in the months and years ahead, we should remember that the US Bankruptcy Court was willing to stand up for the LGBT community, and uphold the community’s constitutional rights in the face of great legal and political pressure.
Marriage – It’s about more than a commitment
Jul 15th
As of July 24, 2011, it will be legal for same-sex couples to marry in New York state. As a Mainer, may be tempting for you and your partner to race to the Big Apple for some fast-track nuptials. Before you buy your plane tickets or pack the car, however, there are a few things you should consider.
The state of Maine does not currently recognize same-sex marriages performed out of state. That means that when you come home after your destination wedding, whether in New York, or in Massachusetts, Connecticut, New Hampshire, or any other state that allows same-sex marriage, you will still not be considered legally wed in your home town. Beyond that, there is a provision in Maine law stating that if a couple leaves the state to get married for the purposes of evading Maine law – which is what you would be doing by going to New York for your same-sex wedding – then your marriage is void.
It may not sound like there is much difference between “void” and “not recognized.” When it comes to the law, however, words have very specific meanings, and what may not sound different can, in fact, have very difference consequences. Because you would be leaving the state for the purpose of obtaining a marriage license that would not be granted here, your marriage would probably be considered void under Maine law. This means that, even when Maine does recognize same-sex marriages from out of state, or when Maine grants marriage licenses to same-sex couples here, your marriage could be considered invalid, because it was void when it was issued.
There is still time before you head South and take the plunge into wedded bliss to consult with a lawyer. There is far more to this issue than can be covered in one blog post, and meeting with a lawyer who can sit down with you and explain all of the potential issues that can arise from an out-of-state same-sex marriage will be more than worth your time.
Probate Judges must give reasons for denying name changes
Jul 6th
The Law Court recently returned a decision on the appeal of a name change of a transgender identified individual. The Law Court, in their decision, noted that there was nothing in the record that evidenced fraud on the part of the petitioner and remanded the case back to the Probate Court for further action. The Law Court directed the Probate Court that if the request for name change was denied, again, that the decision be in writing and with details as to the reason for the denial. No action has happened since the decision was published, but it is anticipated that an additional hearing will take place in the near future.
The reason this is interesting for transgender individuals is because some Probate Courts have requested additional information from transgender identified petitioners that are not related to the statute or case law for name changes in the State of Maine. The decision from the Law Court did not address the additional level of scrutiny that has been applied by some Probate Judges to perceived transgender petitioners, but it is anticipated that if the Probate Court denies the name change on the basis of the petitioner’s transgender status, that this will become an issue before the Law Court in the near future.
Congratulations to Dani Smith
May 29th
We depart from our usual format as we want to do a shout out to Dani Smith, a graduating student at Mt. Ararat High School who is headed to Dartmouth. Dani was the Jump Start Leader this year for Southern Maine’s chapter of GLSEN (Gay, Lesbian, and Straight Education Network). This past year as part of a civil rights team with her school and with work on a campaign through the Jump Start team she was able to assist in having a local card store no longer carry an offensive product, a joke pill called “gay away.” For all of Ms. Smith’s efforts she was named GLSEN’s 2010 Student Advocate of the Year and gave a speech in New York City as part of their award ceremony. National and local news covered stories about her work, including Bay Windows, the Brunswick Times Record, and the Portland Press Herald. We are encouraged that Dani and members of her generation are fighting and working towards equal human rights for all. Congratulations, Dani!