Divorce Law and the Same-Sex Marriage Debate

Part One of this article discussed the plight of same-sex couples arising from the debate over the legal status of same-sex relationships. New York has now decided that the state constitution does not compel recognition of marriages between members of the same sex. The state's highest court has left the resolution of the injustices suffered by same-sex couples to the state legislature. Hernandez v. Robles (See article infra). The first part of the article addressed, inter alia, the 400-page report by the NYSBA Special Committee to Study Issues Affecting Same-Sex Couples, the inequitable application of the equitable distribution law and parents' and children's rights upon relationship dissolution. The conclusion herein discusses de facto parents.