CHICAGO, Nov. 10 /PRNewswire/ -- The American Academy of Matrimonial Lawyers, the nation's top 1,600 divorce and matrimonial law attorneys, has approved two resolutions supporting the legalization of marriage between same-sex couples and urging Congress and state legislatures to pass legislation enabling same-sex marriage.

The resolutions stated: 1) BE IT RESOLVED that the American Academy of Matrimonial Lawyers supports the legalization of marriage between same-sex couples and the extension to same-sex couples who marry and their children of all of the legal rights and obligations of spouses and children of spouses. 2) BE IT RESOLVED that the American Academy of Matrimonial Lawyers encourages the United States Congress and the legislatures of all states to achieve the legalization of marriage between same-sex couples and the extension to same-sex couples who marry and their children of all of the legal rights and obligations of spouses and children of spouses.

The Board of Governors approved the resolutions last week at the Academy's annual meeting here by overwhelming margins. The vote came two days after 11 states passed constitutional amendments barring such unions.

During debate on the resolutions, a number of attorneys spoke of the 1967 decision of Loving v. Virginia, in which the U.S. Supreme Court declared unconstitutional laws banning interracial marriage and declaring marriage a basic human right.

The vote by the Academy's Board of Governors followed a survey of the membership in which:

-- 92.6 percent said children of same-sex couples should have the same protections (such as parenting, custody, support, inheritance, and Social Security) as children of man/woman couples. -- 83 percent said same-sex couples should be able to obtain the same legal rights and obligations as married, man/woman couples. -- 82.4 percent said same-sex couples should be able to obtain the same legal rights and obligations by civil union or domestic partnership. -- 65.9 percent said same-sex couples should be able to marry.

"We believe this is a fundamental issue of equality, that the U.S. Constitution protects one's legal right to marry as a fundamental right and that there is no reason to deny same-sex families the legal rights and obligations arising from marriage," said Richard F. Barry of San Rafael, Ca., who served as the Academy's president the past year and who presided over the group's policy-making Board of Governors, which approved the resolution.

Because federal law now defines marriage as between a man and a woman, specific areas in which same-sex relationships do not receive equal protection with man/woman marriages include federal tax benefits, property division, alimony and spousal support, prenuptial agreements, retirement benefits and spousal health care and insurance.

The U.S. General Accounting Office has identified 1,138 federal rights, responsibilities, and privileges automatically accorded to couples based on marital status.

According to Barbara E. Handschu of Buffalo, N.Y., the Academy's incoming president, "Also completely forgotten in this debate have been the children of same-sex couples who are now the victims of discrimination in terms of their ability to be adopted, inherit and have access to child support and access to both parents should their parents divorce."

Other professional organizations that have come out against discrimination against lesbian, gay and bisexual parents and have issued statements supporting second-parent and joint adoptions by lesbian, gay and bi-sexual couples include the American Academy of Pediatrics, American Academy of Family Physicians, American Psychiatric Association, Child Welfare League of America and the National Association of Social Workers.

"As an organization of attorneys dedicated to protecting the family, who are familiar with the disputes of families, including same-sex families, we should take a public stance to extend the rights of marriage to same-sex partners and their children, especially in a time when prejudice threatens to derail their attempts to obtain for themselves the rights, benefits and obligations that other families have," said Diana E. Richmond of San Francisco, who chaired the Academy's Same-Sex Marriage Committee.

The American Academy of Matrimonial Lawyers is comprised of the nation's top 1,600 attorneys who are experts in divorce, prenuptial agreements, legal separation, annulment, custody, property valuations, support and the rights of unmarried cohabitants. The purpose of the Academy is to encourage the study, improve the practice, elevate the standards and advance the cause of matrimonial law to the end that the welfare of the family and society be preserved.
American Academy of Matrimonial Lawyers

CONTACT: Jonathan Dedmon of The Dilenschneider Group Inc.,
+1-312-553-0700

Commentary: