Same Sex Marriage: Emerging Issues Following the Obergefell Decision 

Sponsored by

the ISBA Family & Juvenile Law and Probate Trust & Real Property Sections,

and the Sexual Orientation Gender Identity Committee

6.0 hrs. CLE

 On this page you will find speaker biographies and materials for the seminar. We recommend printing or downloading the materials as they will not be handed out at the event. 

 Religious Freedom and Civil Rights Protections for Sexual Orientation and Gender Identity

 This session will examine the tensions between LGBT rights and claims of religious liberty, and how this conflict has been shaped both by the controversy over same-sex marriage and by the quest by LGBT rights advocates to pass laws in more jurisdictions (including Indiana) to prohibit discrimination on the basis of sexual orientation or gender identity. Specific topics will include: What are the different meanings and understandings of “religious liberty”? What are the legal obligations of both public officials and private marketplace participants (such as business owners, employers, and landlords) to honor same-sex marriages? What is the purpose of anti-discrimination laws? When are religious accommodations from such laws permissible? 

  Steve Sanders, University of Indiana Maurer School of Law

 Identity Document Issues for Transgender Clients: Name Change, Gender Marker Change, Travel Documents, and Birth Certificates 

 Navigating the procedures for name and gender marker changes on identity documents for transgender clients. A review of current regulations and procedures for Social Security, U.S. Passports and Indiana BMV gender marker corrections. How to obtain a change of gender marker on an Indiana birth certificate. Obtaining a court order for gender marker change since the recent appellate court ruling.     Barbara J. Baird, Law Office of Barbara J. Baird

 Recent Developments in Employment Protections for Sexual Orientation and Gender Identity at the Federal, State, and Local Levels This session will provide an overview of the current state of employment law as applied to adverse employment actions taken by employers based on the employee’s sexual orientation or gender identity. A review of recently enacted local laws and their potential effects will be included.    Amy F. DeBrota, The DeBrota Law Firm, LLC

Estate Planning and Financial Issues Post-DOMA and Obergefell

This presentation will discuss considerations for disability planning, post-death planning and long term care planning for married and unmarried same-sex couples in light of the Supreme Court’s ruling in Obergefell.     Rebecca W. Geyer, Rebecca W. Geyer & Associates, PC

Parentage Issues for Same-Sex Families 

 This session will focus on Indiana law governing donor insemination, establishing parental relationships for non-biological parents and options for continuing parental relationships when the adults end their marriage or domestic partnership.    Sean C. Lemieux, Lemieux Law

Obergefell v. Hodges: The Emerging Future of Family Law

This session will analyze the Obergefell opinions and the implications for the future of family law.  Andrew Z. Soshnick, Faegre Baker Daniels, LLP

 The Real Estate Mind/Mine-Field: Real Estate Considerations with Obergefell   This session highlights lien and ownership considerations with real estate transactions focusing on Obergefell, and related financial, insurance, and life changes impacting real estate concerns.    Mary A. Slade, First American Title Insurance Company