Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2017-08-16
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor
Sponsor

  WINDY CITY TIMES

Lesbian palimony decision calls on common-law marriage rules
by Matt Simonette
2016-08-22

facebook twitter google +1 reddit email


The Illinois Supreme Court, on Aug. 18, ruled that a lesbian was not entitled to a share of her longtime-partner's medical practice, though the couple were together nearly three decades.

Eileen Brewer, a Cook County judge, and Dr. Jane Blumenthal split in 2008, long before marriage equality was signed into law in 2013. Brewer and Blumenthal had also raised three children together.

A 1979 ruling, Hewitt v. Hewitt, barred such claims, so Brewer's attorneys wanted courts to rule that that decision was now outdated, given that legal recognition of cohabitation and same-sex relationships had significantly broadened in the decades since. But Blumenthal's attorneys maintained that Hewitt v. Hewitt was decided mainly on the basis of Illinois' longstanding rejection of common-law marriage. Illinois is one of only three states that does not allow property-division claims between unmarried partners.

In their Aug. 18 5-2 ruling, the state Supreme Court was largely unmoved by Brewer's position. Among their determinations was that subsequent recognition of same-sex relationships, which Brewer tried to use to bolster her claims, had come about from mainly legislative change, not legal precedent.

"Brewer's argument that we should recognize new public policy justifications to support her counterclaim is further undermined by the fact that all of the public policy changes to which she cites resulted not from judicial action but from the legislature. In each example, it was the legislature, not the courts, that determined what Illinois public policy was ( or was not ) to be," said the decision, authored by Justice Lloyd A. Karmeier.

San Francisco-based National Center for Lesbian Rights ( NCLR ) assisted Chicago Attorney Angelika Kuehn with Brewer's defense.

In a statement, NCLR Legal Director Shannon Minter said, "The Court's ruling today is a devastating blow to unmarried couples and their families. As the dissent points out, the majority's opinion ignores the reality of families and will cause serious harms to countless individuals who are barred from bringing the same common law claims available to all other people in Illinois, solely because they were in a non-marital relationship. Whether a couple decides to marry or not, all of us are equal before the law. Today's decision is a huge step backward for Illinois, which is now dramatically out of step with the rest of the country and with basic principles of fairness and equal access to the courts."


facebook twitter google +1 reddit email




Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

National Women's Hall of Fame Induction Sept. 16, 2017 2017-08-17 - Seneca Falls, NY: - In celebration of the 100th year anniversary of Women's Right to Vote in NY, The National Women's Hall of ...


Gay News

For queer couple, creating Jewish home is part of the job 2017-08-16 - For Megan GoldMarche, creating a home alongside her wife Paige is literally part of her job. Megan has, since 2016, been rabbi at ...


Gay News

MLS commissions Sam Kirk mural 2017-08-16 - Major League Soccer ( MLS ) celebrated All-Star week in Chicago last week—and, as part of the festivities, commissioned Sam Kirk to create ...


Gay News

Kirk designs River North home 2017-08-16 - Over the past two years—between art exhibitions, public murals and corporate projects—lesbian artist Sam Kirk has been designing a three-story, loft-styled, penthouse in ...


Gay News

World news: Australia and marriage, gay journalist, Pakistani bill 2017-08-15 - Former Australian Prime Minister Tony Abbott's decision to come out opposing same-sex marriage is not going down well with his own sister, PinkNews ...


Gay News

Meet the Parkers: A story of love and family 2017-08-09 - Aubrey and Ellen Parker are proud of their family; it's the reason they tell their story. It's important to them that ...


Gay News

Affinity hosts Black Equal Pay Day panel discussion 2017-08-09 - On July 31, Affinity Community Services hosted its Black Equal Pay Day intersectional panel discussion. The panel was led by Affinity Executive ...


Gay News

Community leader Wanda B. talks about being a stud 2017-08-09 - For Wanda B., founder of the social club Stud 4 Life, the word "stud" stands for "Solidarity, Trustworthiness, Understanding and Dependability"—and those principles ...


Gay News

Andersonville Water Tower to go atop Swedish American Museum as of Aug. 8 2017-08-07 - CHICAGO ( August 7, 2017 ) — According to an alert today from the Swedish American Museum ( 5211 N. Clark ), work ...


Gay News

NLGJA Announces 2017 Excellence in Journalism Award Winners and Honorees 2017-08-07 - WASHINGTON, DC - Today NLGJA - The Association of LGBTQ Journalists announces the recipients of its Excellence in Journalism Awards and recognizes exemplary ...


 



Copyright © 2017 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor
Sponsor


 



Sponsor

About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.