Home  |  Find a Lawyer  |  Email SignUp  |  FAQs  |  About  |  Contact  |  Log In

IRS to Gay Newlyweds: Not So Fast

August 5th, 2011

From Bloomberg Businessweek
IRS to Gay Newlyweds: Not So Fast
Federal tax benefits of marriage don’t extend to same-sex couples
By Andrew Zajac

bloomberg-businessweek-logoFor all those same-sex newlyweds in New York, Lawrence S. Jacobs has a message: Enjoy the Champagne and the honeymoon, but expect no gifts from the IRS. Jacobs, a lawyer in Washington, specializes in estate planning for same-sex couples-and in delivering the bad news that their unions aren’t legal in the eyes of the IRS, a policy that will cost them time and money during tax season.

Same-sex couples in Washington, which last year legalized gay marriage, must fill out a federal return to make calculations required for their D.C. joint return. But then they must set that work aside and fill out separate federal returns because the IRS doesn’t regard their union as legal, Jacobs says. “You just spent decades getting your marriage recognized, and now the feds say, ‘No, you’re not,’” says Jacobs, who as a partner in a same-sex marriage has firsthand experience of the problem.

This cumbersome process applies to all married same-sex couples in the U.S. It comes courtesy of the Defense of Marriage Act, or DOMA, which defines marriage as “a legal union between a man and a woman as husband and wife.” The Obama Administration, saying DOMA is unconstitutional, has instructed federal agencies to do what they can under existing law to extend benefits to same-sex partnerships. Such rule-stretching doesn’t go far with the IRS, says Brian Moulton, an attorney with the Human Rights Campaign, a Washington gay rights advocacy group. “There’s a relatively small space before you bump up against DOMA,” he says. “I don’t think there’s much they can do.” The IRS declined to comment.

Filling out a “dummy” federal return can add $300 to $400 to a same-sex married couple’s tax preparation bill, according to Larry Rubin, a partner at accounting firm Aronson in Rockville, Md. As a result of DOMA, gay couples must also pay income tax on a portion of employer-provided health insurance, which isn’t taxable for heterosexual married couples.

The costliest potential consequence of the IRS’s treatment of same-sex couples involves the estate tax. A heterosexual husband or wife generally can inherit any amount of money or property from his or her spouse without paying tax. A same-sex spouse inheriting a large estate, by contrast, can face a tax bill of as much as 35 percent on anything above $5 million. That situation spurred a New York widow, Edith Windsor, to sue the government last November seeking to get the IRS to return $363,000 in taxes on an inheritance from her spouse, Thea Spyer. Windsor is working with Senator Kirsten Gillibrand (D-N.Y.) and other lawmakers to repeal DOMA. “It’s a matter of fundamental fairness,” says Rose Saxe, an attorney with the American Civil Liberties Union, which is helping represent Windsor. “The government shouldn’t be excluding one group of married couples from these important protections.”

The bottom line: Even where they can marry, gays face disadvantages such as higher estate taxes and tax-prep fees $300-$400 more than straight couples.

Zajac is a reporter for Bloomberg News.

Post to Twitter Post to Facebook

When to Update Your Living Will

June 8th, 2011

Be sure to review your Living Will periodically. Living Wills are easily modified to reflect changes in your health, finances, or perspective on end-of-life care. Even if your wishes don’t change, a Living Will should be regularly updated to take into account changes in medical technology. Consider updating your Living Will when you need to:

  • Change or set limits on medical care to meet your ability to pay
  • Respond to changes in medical technology
  • Respond to a change in health care laws
  • Respond to a changes in your health, including: decline, terminal diagnosis, possibility of surgery and hospitalization, or pregnancy
  • Designate a different person to make health care decisions for you
  • Move to a new state
  • Respond to changes in your beliefs and wishes concerning end-of-life care
  • Respond to the death of a loved one or significant other

Remember that new documents will generally supersede old ones - in other words, executing a new Living Will has the effect of revoking a prior Living Will.

Update your Living Will with LegalOut.

Article by RocketLawyer.

Living Will

Post to Twitter Post to Facebook

Watch San Francisco Giants It Gets Better Anti-Bullying Video

June 3rd, 2011

The San Francisco Giants became the first professional sports team to release an “It Gets Better” video to raise awareness and tolerance for LGBT youth.

As a baseball fan I am happy that the San Francisco Giants created a video for the It Gets Better Project. The Giants hit a home run with this video.

Post to Twitter Post to Facebook

Why a Living Will is Important

February 4th, 2011

Recently, The South Florida Gay News.com posted a significant article, “Beyond Living Well is a Living Will” by Jarret Terrill about the importance of preparing a living will. This article highlights the challenges people may face without a living will, a form of an Advance Care Directive.

Advance medical directives pertain to treatment preferences and allow you to appoint someone you trust (a family member, close friend, or partner) - to make health care decisions for you if you lose the ability to make decisions yourself.

A living will is a written document that specifies what types of medical treatment are desired. A health care proxy names a specific person to make health care decisions for you when you can’t make them for yourself.

Here is an excerpt from the article:

“Many gay men and women are faced with anti-gay family members that they would not entrust an “end of life” decision to. Without a living will issuing advance directives, Florida hospitals would be bound by law to follow the directives of distant family members over a lover’s wishes.

A living will, also known as an Advance Care Directive, is a document that tells doctors, attorneys and law enforcement which person in your life is responsible for executing decisions you’ve made about your healthcare if you are unable to speak for yourself.

Says Daniel W. Humbert, a Fort Lauderdale Attorney who has developed a specialty in estate planning,  “a General Power of Attorney is very broad in scope and tends to give the Attorney-In-Fact (the person you designate) the power to do virtually anything. A living will is quite different.”

Humbert says that a living will is “where you can express your wishes for what they call extraordinary life-saving measures. This would be particularly important for a person who becomes incompetent or goes into a coma or something like that.”

“A living will is essential for everybody, but it’s particularly important to the gay community,” says Humbert.  Laws and regulations concerning those extraordinary circumstances and the decision-making process favor family members. Since the legal definition of a family member varies from state to state, this can pose a problem if you don’t have a living will.”

Click here to read the entire article>>

Without legal documents you are at risk of not having your wishes carried out in the event that something unexpected occurs. If you are in a committed relationship, you may want your significant other to be able to make medical and legal decisions for you, should you unable to make them yourself.  You would like to plan for the future of your family to ensure they are taken care of when you are gone. Even if you are not in a committed relationship, you want to make decisions about your own life and future without unwanted intrusions from others.

Prepare Legal DocumentsLegalOut’s online resource center provides the LGBT community with affordable legal document solutions.  We provide easy-to-use tools for customizing your documents online, in the privacy of your own home, at your own pace and provides hundreds of do-it-yourself legal documents including living wills, domestic partnership agreements, power of attorney documents, last will and testament, and many others.

By planning now you can feel comfortable that you, your family and your future are taken care of exactly the way you envision.

Post to Twitter Post to Facebook

New Federal Hospital Visitation Regulations for LGBT go into Effect on Jan. 18, 2011

January 15th, 2011

medicalOn January 18, 2011, new hospital visitation regulations go into effect that require all hospitals participating in Medicaid and Medicare programs to permit patients to designate visitors of their choosing and prohibit discrimination in visitation based on a number of factors, including sexual orientation and gender identity.

The new regulations are a result from President Obama’s presidential memorandum in April 2010 directing the Department of Health and Human Services to develop regulations protecting hospital visitation rights.

Regulations require hospitals (from HRC’s Hospital Visitation Guide):

  • to inform each patient of his or her right to receive visitors whom he or she designates, including a domestic partner
  • to not restrict or limit visitation rights based on sexual orientation and gender identity, among other factors
  • must ensure that all visitors have full and equal visitation rights, consistent with a patient’s wishes.

To learn more visit the Human Rights Campaign Hospital Visitation Guide for LGBT Families>>

While these new federal regulations are a great step forward for LGBT hospital visitation equality it’s important to note there are other medical decision making areas that are not protected unless an individual has prepared the necessary legal documents.

Many state laws governing medical decision making defaults to biological family members or marital laws. Since there is marriage inequality in most of the U.S. LGBT individuals are not protected. Even if you are not in a committed relationship, you want to make decisions about your own life and future without unwanted intrusions from others. By planning now you can feel comfortable that you, your family and your future are taken care of exactly the way you envision.

If you want to designate a person to make health care decisions for you if you are unable to do so or state your wishes regarding the withholding or withdrawal of life-sustaining procedures under certain circumstances you will need to prepare an Advance Directive for Healthcare or Living Will.

Not planning, means letting someone else plan for you. LGBT individuals need to be proactive to ensure that their plans for the future reflect their own wishes and are not dictated by laws that do not fit your life and relationships or individuals who are not involved in your life and relationships.

Do not put off preparing legal documents as we never know what can happen. LegalOut can help you avoid putting off creating legal documents. LegalOut’s online resource center provides the LGBT community with affordable legal document solutions.  We provide easy-to-use tools for customizing your documents online, in the privacy of your own home, at your own pace and provides hundreds of do-it-yourself legal documents including living wills, domestic partnership agreements, power of attorney documents, last will and testament, and many others.

By planning now you can feel comfortable that you, your family and your future are taken care of exactly the way you envision.

Post to Twitter Post to Facebook

Protect your Identity from Credit Fraud this Holiday Shopping Season

November 26th, 2010

Protect your Identity from Credit Fraud this Holiday Shopping Season
Posted on
by Juliana Olsson from RocketLaywer

Black Friday, Cyber Monday, even Thanksgiving Day itself- the shopping season is upon us! Unfortunately, so are identity thieves. As holiday shopping kicks off in stores and online, shoppers will be focusing on finding the perfect present for the right deal; however, it’s equally important to pay attention to credit cards and other IDs. In the hectic atmosphere of holiday shopping, it’s easy to lose track of things, making it easier for scammers and thieves to access your personal information.

Despite the seasonally increased risk of identity theft, people don’t intend to avoid shopping. While 61.7% of holiday shoppers say the economy will impact their spending plans, 44% are expected to make purchases online. And while the National Cyber Security Alliance reports that many consumers are wary of sites they don’t perceive as secure, in-store purchases aren’t necessarily safer. Considering that your credit and reputation could be at risk, what should you do to protect yourself from ID theft? You don’t have to be a grinch and avoid presents altogether- just shop smarter. Here are some tips to help you stay secure.

Before you Shop

* Minimize your wallet. Take out everything except the IDs and cards you’ll be using, so that if it gets stolen, you won’t have to replace everything.
* Don’t carry your Social Security Number with you. There is really no reason to carry around this all-important document, so it’s best if you keep it securely stored in a fireproof safe in your house.
* If you’ve had your identity stolen before, you might want to use a credit monitoring service to inform you daily or weekly about any suspicious changes to your credit activity. While these services can’t prevent identity theft, they can certainly minimize its impact by helping you act quickly.
* Apps like Mint.com can also help you track your finances, making it easier to spot activity that’s out of the ordinary.
* Write “check photo IDs” in ink on the back of your credit cards, by your signature. This way if your cards get stolen, the thief may not be able to use them.

In the Store

* Keep your cards close, only taking them out when you need them. This will prevent others from memorizing your card number, or taking photos of your card with a camera phone.
* Do not let your credit or debit card out of your sight. If the clerk has to turn their back to you in order to swipe your card, you may want to ask for it back. In general, if you don’t feel comfortable with giving the clerk your card, either pay with cash or come back later.
* Run your debit cards as credit to avoid using your PIN number. If you have to use a PIN, be sure to shield the keypad from wandering eyes.
* Traveler’s checks, while somewhat obsolete, can still be useful alternatives to credit cards. They’re almost impossible to use if they’re stolen, and they’re very easy to replace.


* Invest in a secure firewall, and make sure your computer has an updated spam filter, and up-to-date anti-virus and anti-spyware programs.
* Be suspicious of unsolicited email. Phishing is when scammers send emails disguised as legitimate companies that ask for your personal information.
* Shop at legitimate online stores. if it looks skeevy, it probably is.
* Only enter your credit information if the page is secure. You’ll be able to tell, since secure sites either display a padlock icon, or the url begins with “https” (the “s” stands for secure).

After the Spree

* Keep your receipts in one place, so that you can reference them later
* Monitor your credit statements closely. It may be a good idea to check your statements online rather than wait for them to arrive by mail. This way, you can spot any errors, and act on them, much more quickly.
* If you think you’ve been a victim of credit card fraud or identity theft, you can file an Identity Theft Report to block the fraudulent information from appearing on your credit report. You can also visit the Rocket Lawyer Identity Theft Protection Center, find a lawyer, read our free legal help articles, and create documents like an ID Theft Affidavit, a Letter to Request a Credit Report or a Request to Cancel a Credit Card.

Post to Twitter Post to Facebook

October 11th is National Coming Out Day

October 11th, 2010

news-national-coming-out-day-logo-topToday is National Coming Out Day. Stand up and be proud!

In wake of recent LGBT suicides and hate crimes, its critical to take a stand to advocate for equality and acceptance. People should feel safe coming out whether in the workplace, school or home.

Join the Human Rights Campaign in “HRC’s Coming Out for Equality” Facebook application to show your support.

If you know anyone struggling with issues of self-acceptance, isolation or harassment, please support them and direct them to resources such as:

  • Trevor Project, the leading national organization focused on crisis and suicide prevention efforts among lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth.
  • PFLAG, promotes the health and well-being of lesbian, gay, bisexual and transgender persons, their families and friends through: support, to cope with an adverse society; education, to enlighten an ill-informed public; and advocacy, to end discrimination and to secure equal civil rights.

  • GLSEN, the Gay, Lesbian and Straight Education Network, is the leading national education organization focused on ensuring safe schools for all students.

Post to Twitter Post to Facebook

Are you one of the 70%?

August 11th, 2010

Did you know that national statistics indicate that over seventy percent (70%) of Americans die without creating a Last Will and Testament or other estate plan? This is a staggering statistic; it means that 70% of adults are letting others make decisions for them.

Are you one of the seventy percent? Do you really want someone else to make tough decisions on your behalf in times of crisis?

Here are some reasons why people do not create a Will:

  • Do not want to think about dying or being incapacitated.
  • Do not know where to begin.
  • Think they do not have any assets. People assume they have to be rich or married with children to create a Will.
  • Procrastination - people know they need to create an estate plan but put it off.
  • Legal costs are high.

What happens if you do not have a Will or Estate Plan:

  • State determines who gets your assets, not you.
  • Probate laws generally provide if a person dies without a Will, their property goes to family, rather than a partner they had a relationship with for years or decades.
  • Not having a Will may cause disagreements or lawsuits between your partner and your family.
  • Your loved ones would have the burden to decide what your wishes are in times of crisis.

Legal DocTypes of Estate Planning Documents

No one wants to think about his or her own death, but taking the time now to complete some basic documents can save you and your family much heartache later. You’ll get more peace of mind knowing that your wishes will be followed and your family and friends will be taken care of. Listed below are some basic estate planning documents:

Last Will and Testament
A Last Will and Testament allows you to set out your specific wishes for how you want your property and assets to be divided upon your death. It also designates who will assume guardianship responsibility of any minor children if neither parent can serve as guardian. You can use a will to make bequests to charities. Wills are easy to prepare, but are subjected to probate process, which, depending on the size of your estate, could take some time.

Living Will
A Living Will is a legal document used to specify your wishes for end-of-term health care decisions. It states that you do not want life-prolonging treatment if there is no hope of recovery, for example in the event of terminal illness or irreversible coma. Having a Living Will lets others know what your wishes are when you are unable to communicate them yourself.

Durable Power of Attorney
You can grant a Power of Attorney to another person (called your agent) for any case where you cannot represent your own interests. For example, you can send an agent to an important meeting you are unable to attend, and they may act on your behalf for the duration of that meeting. A Durable Power of Attorney, on the other hand, remains in effect if you become incompetent. In cases of terminal illness or permanent unconsciousness, you can set out health care directives for your agent, much like in a Living Will.

Hospital Visitation
This authorization is used to give visitation rights to a person who is not a legally recognized family member, should you become unconscious or unable to communicate yourself. You should have this document if you want your partner or someone who is not considered a family member by the state to be able to visit you in the hospital, should you become unable to communicate for your wishes.

Domestic Partnership Agreement
The Domestic Partnership Agreement is a document that a couple can enter into to dictate their contractual rights as a couple.

You can find all these legal documents and other estate planning forms on Legalout.com. Our online interview makes it easy to create these important documents - get started now for a piece of mind!

Online Legal Wills Provide an Affordable Solution
Everyone should have a Last Will and Testament, and the document should be reviewed and updated on a regular basis. Preparing and maintaining your Will doesn’t have to be time consuming, difficult, or costly. Knowing that an hour of an attorney’s time can cost $200 or more, many people put off preparing their Wills. However, you don’t have to use the services of an attorney to create an effective Will. You and the other members of your family can create your own Online Legal Will easily and inexpensively.

Post to Twitter Post to Facebook

Court Rejects Same-Sex Marriage Ban in California

August 11th, 2010

From the NY Times:

Court Rejects Same-Sex Marriage Ban in California

SAN FRANCISCO - Saying that it discriminates against gay men and women, a federal judge in San Francisco struck down California’s voter-approved ban on same-sex marriage on Wednesday, handing supporters of such unions at least a temporary victory in a legal battle that seems all but certain to be settled by the Supreme Court.

Wednesday’s decision is just the latest chapter in what is expected to be a long battle over the ban - Proposition 8, which was passed in 2008 with 52 percent of the vote. Indeed, while striking down Proposition 8, the decision will not immediately lead to any new same-sex marriages being performed in California. Vaughn R. Walker, the chief judge of the Federal District Court in San Francisco, immediately stayed his own decision, pending appeals by proponents of Proposition 8, who seem confident that higher courts would hear and favor their position.

But on Wednesday the winds seemed to be at the back of those who feel that marriage is not, as the voters of California and many other states have said, solely the province of a man and a woman.

“Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause,” wrote Judge Walker. “Excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest.”

Supporters of Proposition 8 said that the decision defied the will of the people of California, and could well be an issue in November’s midterm elections.

“This is going to set off a groundswell of opposition,” said Jim Garlow, the pastor of Skyline Church in La Mesa, Calif., and a prominent supporter of Proposition 8. “It’s going to rally people that might have been silent.”

Wednesday’s decision applied only to California and not to the dozens of other states that have either constitutional bans or other prohibitions against same-sex marriage. Nor does it affect federal law, which does not recognize such unions.

Still, the very existence of federal court ruling recognizing same-sex marriage in California, the nation’s most populous state, set off cheers of “We won!” from crowds assembled in front of the courthouse in San Francisco. Evening rallies and celebrations were planned in dozens of cities across the state and several across the nation.

In West Hollywood, Ron Cook, 46, an accountant who is gay, said he was thrilled by the decision. “If the court had come back and upheld it,” he said. “I would have moved out of the state.”

The plaintiffs’ case was argued by David Boies and Theodore B. Olson, ideological opposites who once famously sparred in the 2000 Supreme Court battle between George W. Bush and Al Gore over the Florida recount and the presidency. The lawyers brought the case - Perry v. Schwarzenegger - in May 2009 on behalf of two gay couples who said that Proposition 8 impinged on their constitutional rights to equal protection and due process.

On Wednesday, Mr. Olson called the decision a “victory for the American people,” and anyone who had been denied rights “because they are unpopular, because they are a minority, because they are viewed differently.”

For advocates of gay rights, same-sex marriage has increasingly become a central issue in their battle for equality, seen as both an emotional indicator of legitimacy and as a practical way to lessen discrimination.

“Being gay is about forming an adult family relationship with a person of the same sex,” said Jennifer Pizer, the marriage project director for Lambda Legal in Los Angeles, who filed two briefs in support of the plaintiffs. “So denying us equality within the family system is to deny respect for the essence of who we are as gay people.”

But Andrew Pugno, a lawyer for the defense, said Proposition 8 had nothing to do with discrimination, but rather with the will of California voters who “simply wished to preserve the historic definition of marriage.”

“The other side’s attack upon their good will and motives is lamentable and preposterous,” Mr. Pugno said in a statement.

During the trial, which ended in June, plaintiffs offered evidence from experts on marriage, sociology and political science, and emotional testimony from the two couples who had brought the case. Proponents for Proposition 8 offered a much more straightforward defense of the measure, saying that same-sex marriage damaged traditional marriage as an institution and that marriage was historically rooted in the need to foster procreation, which same-sex unions cannot, and was thus fundamental to the existence and survival of the human race.

But Judge Walker seemed skeptical of those claims. “Tradition alone, however,” he wrote, “cannot form the rational basis for a law.”

Even before appeals to higher courts, Judge Walker seemed ready to continue to hear arguments, telling both sides to submit responses to his motion to stay the decision by Friday, at which point he could lift or extend it.

How the decision might play politically was also still unclear. In 2004, same-sex marriage was seen as a wedge issue that helped draw conservatives to the polls, and Richard Socarides, who advised President Bill Clinton on gay rights issues, said that this decision could be used as a rallying cry for Republicans again. “But Democrats and most importantly President Obama will now have to take sides on whether gays deserve full equality,” Mr. Socarides wrote in an e-mail.

In California, it could also affect the race for governor. Jerry Brown, a Democrat, has been vocal in his support of same-sex marriage in his current role as California attorney general and hailed the decision on Wednesday. Meg Whitman, a Republican, has taken the position that marriage should be between a man and a woman - in line with the language of Proposition 8 - though she says that she strongly supports the state’s domestic partnership laws, which afford many of the same rights as marriage.

Gov. Arnold Schwarzenegger in a statement on Wednesday supported the ruling, saying it “affirms the full legal protections” for thousands of gay Californians.

Some gay rights activists initially feared the case, believing that a loss at a federal level could set back their more measured efforts to gain wider recognition for same-sex marriage, which is legal in five states and the District of Columbia. But those concerns seemed to fade as the trial began, and on Wednesday, the mood was of elation and cautious optimism that Mr. Boies and Mr. Olson’s initial victory might change the debate.

Kate Kendell, executive director for the National Center for Lesbian Rights, said that she believed that there were members of the Supreme Court who “have a very deep-seated bias against L.G.B.T. people,” meaning lesbian, gay, bisexual and transgender. But, she added, “This legal victory profoundly changes the conversation” by involving “folks in the legal world and the policy world who were previously unmoved by this struggle.”

For those who had actually filed the suit, Wednesday’s victory, while measured, also seemed sweet.

“This decision says that we are Americans, too. We too should be treated equally,” said Kristin M. Perry, one of the plaintiffs. “Our family is just as loving, just as real and just valid as anyone else’s.”

Jesse McKinley reported from San Francisco, and John Schwartz from New York. Malia Wollan contributed reporting from San Francisco, and Rebecca Cathcart from West Hollywood, Calif.

This article has been revised to reflect the following correction:

Correction: August 5, 2010

An earlier version of the multimedia presentation running with this article reversed the surnames of the plaintiffs Paul Katami and Jeff Zarillo.

Post to Twitter Post to Facebook

Mexican States Ordered to Honor Gay Marriages

August 11th, 2010

From the NY Times

August 10, 2010
Mexican States Ordered to Honor Gay Marriages

MEXICO CITY - The Mexican Supreme Court ruled Tuesday that each of the country’s 31 states must recognize same-sex marriages registered in Mexico City, potentially giving gay and lesbian couples full matrimonial rights nationwide.

The court had already ruled this month that Mexico City’s same-sex marriage law, which took effect in March and has resulted in hundreds of same-sex marriages, was constitutional.

But on Tuesday, the court went a step further, ruling 9 to 2 against a complaint from the attorney general’s office, which had said that other jurisdictions should not be required to honor marriages that were performed in Mexico City.

While the court made it clear that state governments were not obligated to enact same-sex marriage laws of their own, it did require them to recognize the legality of such marriages performed in Mexico City.

“What’s going to happen to a same-sex couple” who marry in Mexico City “when they cross the border” to another state, asked Justice Arturo Zaldívar, who voted with the majority, during Tuesday’s discussions. “Does this marriage disappear? They go on vacation and they’re no longer married?”

The possibility of having to recognize same-sex marriages from Mexico City had provoked outrage from state governments belonging to the right-leaning National Action Party, which governs nationally, and drew accusations that the left-leaning Mexico City government was establishing civil-registry regulations for the rest of the country.

The court decision leaves uncertainty about which marital rights must be recognized by state governments.

But Arturo Pueblita Fernández, a constitutional law professor at the Ibero-American University in Mexico City, said that fundamental spousal rights would apply to same-sex couples across the country, including alimony payments, inheritance rights and the coverage of spouses by the federal social security system, which provides health and pension benefits to most of Mexico’s working population.

The court must still decide whether another part of the law, which allows same-sex couples married in Mexico City to adopt children, is constitutional. If it is, it is unclear whether such adoptions would have to be recognized throughout the country as one of the rights of same-sex couples.

The adoption issue could be decided as early as Thursday.

Opponents of same-sex marriage, including the leader of Mexico City’s Roman Catholic Archdiocese, Cardinal Norberto Rivera, have voiced their displeasure with the law.

In a message read after his Sunday homily, Cardinal Rivera called the court decision to uphold the law “aberrant.”

Post to Twitter Post to Facebook