1. 3
Marriage

2. Concept of Family Has Evolved Over the Past 50 Years
More than half of all first marriages end in divorce.
The nuclear family is no longer the majority family model.
The roles of men and women are less highly gendered.

3. Concept of Family Has Evolved Over the Past 50 Years
There is an increased social acceptance of alternative lifestyles and living arrangements
Cohabitation is no longer viewed by most as "living in sin".

4. Concept of Family Has Evolved Over the Past 50 Years
Many states have granted legal recognition of some kind to same-sex couples
Same-sex marriage, civil unions, domestic partnerships, etc.

5. Reasons Why the Concept of Family Has Evolved
Women's rights movement
Men's rights movement
Gay rights movement
Fathers' rights movement

6. Reasons Why the Concept of Family Has Evolved
Decreased focus on marriage as a defining life event especially for women
Greater legal protection of the right to privacy in sexual conduct between consenting adults

7. Forms of Monogamous Marriage in the United States
Ceremonial marriage
Available in all states, customarily requires a license and solemnization in a ceremony performed by an authorized person
Covenant marriage
A ceremonial marriage available in a small number of states that emphasizes the permanence of marriage

8. Forms of Monogamous Marriage in the United States
Common law marriage
Available in a minority of states, a marriage created by the conduct of the parties rather than in a formal ceremony
Same-sex marriage
A ceremonial marriage of two same-sex partners available in a limited number of states

9. Forms of Monogamous Marriage in the United States
Putative marriage
Recognized by courts in some states, a presumed marriage of a person who has cohabited with another in the good faith belief he or she was legally married to that person

10. Can the Right to Marry Be Restricted by the Government?
The U.S. Supreme Court has definitively established that the right to marry is a fundamental right that cannot be restricted absent a compelling state interest.
See Case 3.1 Loving v. Virginia on pages of the text.
Loving v. Virginia, 388 U.S. 1, 87 S. Ct. 1817, 18 L. Ed (1967)

11. Can the Right to Marry Be Restricted by the Government?
The right to marry is not absolute and the states are permitted to regulate it to a reasonable extent.
Impermissible restrictions include restricting the right on the basis of race, delinquency in child support payments, or incarceration in some circumstances.

12. Can the Right to Marry Be Restricted by the Government?
The U.S. Supreme Court ruled in Obergefell v. Hodges (2015), that gay couples have a fundamental right to marry and that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize such marriages when lawfully licensed and performed out-of-state.
Obergefell v. Hodges, 576 U.S. _____(2015)

13. Regulations the States Can and Do Legitimately Impose
Marriage is a contract between the spouses regulated by the government.
There are basically two types of requirements that are fairly standard state to state:
Requirements relating to legal capacity to marry
Technical requirements governing particular types of marriage

14. Common Requirements Relating to Legal Capacity to Marry
Sex of the parties
Only a limited number of states permit parties of the same sex to marry
Age of the parties
Under common law = 12 for females, 14 for males; now 18 in most states without parental consent and the requirement may be waived in some circumstances

15. Common Requirements Relating to Legal Capacity to Marry
Marital status of the parties
Neither party can be married to another person still living at the time of the marriage
Some states allow the impediment to be removed by death or divorce)

16. Common Requirements Relating to Legal Capacity to Marry
Degree of relationship between the parties by blood = consanguinity
Degree of relationship between the parties by marriage = affinity

17. Common Requirements Relating to Legal Capacity to Marry
Mental capacity of the parties
Must be able to understand the nature, duties and responsibilities of marriage
Physical capacity of the parties
In a limited number of states must be free of syphilis for example

18. Common Technical Requirements for a Valid Ceremonial Marriage
Application for a license
Medical certificate
In a limited number of states
License
Waiting period
Usually 72 hours and may be waived in some circumstances

19. Common Technical Requirements for a Valid Ceremonial Marriage
Ceremony conducted by a person authorized under state law
Recording of the marriage license/ certificate of marriage

20. Common Requirements for a Valid Common Law Marriage
The parties must have the legal capacity to marry.
The parties must intend and simultaneously agree to be married.
The parties must cohabit (though consummation may not be required).

21. Common Requirements for a Valid Common Law Marriage
The parties must hold themselves out to the public as husband and wife.
There is no requirement that the parties live together for a specific length of time except in the case of New Hampshire where there is a 3 year requirement and common law marital status is only applicable in the context of inheritance and death benefit claims.

22. Common Requirements for a Valid Common Law Marriage
Most states will recognize a common law marriage that is valid in the state where it was entered.
Important to check states that presently permit such marriages and the circumstances.

23. Expansion of the Relationship Menu
Same-sex marriage
Available in a limited number of states.
Adult adoption
Available in a limited number of states as a means of creating a "family" relationship.

24. Expansion of the Relationship Menu
Functional family status
Applied by some courts to extend limited benefits to same-sex partners who are in committed long-term intimate relationships, support each other emotionally and financially, share roles, and hold themselves out to others as spouses.

25. Expansion of the Relationship Menu
Domestic partnership
Available in a minority of states, it has been defined as a status granted to an unmarried couple who live together and receive a variety of economic and noneconomic benefits customarily granted to spouses.

26. Expansion of the Relationship Menu
To enter a domestic partnership, the parties typically must:
Be at least age 18
Not be a party to any other legally recognized status or be related in any way that would prevent them from legally marrying

27. Expansion of the Relationship Menu
To enter a domestic partnership, the parties typically must:
Share a residence and be in an exclusive relationship
Agree to be responsible for each other's living expenses

28. Expansion of the Relationship Menu
To enter a domestic partnership, the parties typically must:
Not be related in a way that would prevent them from legally marrying
Agree to file a certificate of dissolution if their relationship ends

29. Expansion of the Relationship Menu
Civil unions
Available in a minority of states, civil unions are essentially designed to afford same-sex partners the same benefits, protections, and responsibilities that married heterosexual spouses have under state law.

30. Expansion of the Relationship Menu
To enter a civil union
Must be of the same sex; be at least age 18 and mentally competent; and not be a party to any other legally recognized status or related in any way that would prevent them from legally marrying.

31. Expansion of the Relationship Menu
To terminate their relationship, in a state that recognizes civil unions, they essentially use the same procedure as is used in dissolution of a traditional marriage.

32. Benefits of Domestic Partnerships and Civil Unions
There is no standard set of domestic partnership benefits.
They vary by state where such partnerships are recognized and are usually less extensive in nature and extent than benefits extended to partners in civil unions.

33. Benefits of Domestic Partnerships and Civil Unions
The rights, benefits, and obligations of partners in civil unions are essentially the same as those of heterosexual spouses under state law.

34. Benefits of Domestic Partnerships and Civil Unions
According to a report of the U.S. General Accounting office, there are more than 1,000 rights and duties that flow from traditional marriage including, for example:
The right to receive support from a spouse
The right to seek a division of marital property upon divorce (absent an agreement to the contrary)

35. Benefits of Domestic Partnerships and Civil Unions
According to a report of the U.S. General Accounting office, there are more than 1,000 rights and duties that flow from traditional marriage including, for example:
Absent an agreement, the right to inherit from a spouse and to receive certain governmental benefits such as Social Security and Veterans' benefits provided applicable conditions are met

36. Benefits of Domestic Partnerships and Civil Unions
According to a report of the U.S. General Accounting office, there are more than 1,000 rights and duties that flow from traditional marriage including, for example:
A right to continued employer-provided health insurance for a specified period under COBRA
The right to make medical decisions for a spouse

37. Benefits of Domestic Partnerships and Civil Unions
According to a report of the U.S. General Accounting office, there are more than 1,000 rights and duties that flow from traditional marriage including, for example:
The right to file a claim for wrongful death of a spouse
The right to exercise the marital communications privilege

38. Benefits of Same-Sex Marriage
In states that recognize same-sex marriage, as of the summer of 2012 same-sex spouses are entitled only to benefits available to spouses under state law.

39. Benefits of Same-Sex Marriage
The federal Defense of Marriage Act (DOMA) passed in 1996 (still in force in the summer of 2012 but being challenged) does not declare same-sex marriage illegal but does define marriage for all federal purposes as the legal union of one man and one woman as husband and wife.

40. Benefits of Same-Sex Marriage
The federal DOMA also provides that no state can be forced to recognize a same-sex marriage.
In response, a majority of the states have passed mini-DOMAs in the form of statutes or constitutional amendments effectively denying to same-sex couples the rights and privileges granted to heterosexual married couples.

41. Benefits of Same-Sex Marriage
Every area of substantive law is influenced by extension of the right to marry to same-sex couples:
Probate, tax, contract, business, immigration, health care, corporate, tort, criminal, conflict/choice of law, and constitutional, among others

42. The Paralegal's Potential Role in Cases Involving Marriage and Alternative Family Relationships
The paralegal's role will vary depending on the nature of the case, the prevailing law in the jurisdiction, and the extent to which the employer's practice addresses issues involving same-sex relationships.

43. The Paralegal's Potential Role in Cases Involving Marriage and Alternative Family Relationships
In cases involving a traditional marriage, the paralegal might be assigned to obtain copies of the marriage license and any necessary supporting documents or translations.

44. The Paralegal's Potential Role in Cases Involving Marriage and Alternative Family Relationships
In a case involving a potential annulment, the paralegal may draft documents, research governing law, prepare discovery requests for review, etc.

45. The Paralegal's Potential Role in Cases Involving Marriage and Alternative Family Relationships
In cases in which a common law marriage is claimed, the paralegal may gather information, affidavits, and documents needed to support the client's position.
See Paralegal Application 3.4 Information Gathering in a Common Law Marriage Case on page 80 of the text.

46. The Paralegal's Potential Role in Cases Involving Marriage and Alternative Family Relationships
Because this is a cutting edge and rapidly evolving area of law at the heart of heated debate, thorough research is a key task performed by the paralegal.
Issues related to intimate relationships between different and same-sex partners will likely remain on the landscape for years to come and pose cutting-edge challenges.