U.S. Supreme Court rejects Tucson woman’s argument in gay marriage, child custody matter; Rose Law Group Family Law Attorney Audra Petrolle says same sex couples are entitled to the same rights as heterosexual couples

By Howard Fischer | Capitol Media Services

The U.S. Supreme Court this morning rejected a bid by a Tucson woman arguing that gay marriages are not legally the same as others, at least when it comes to divorce.

Without comment the justices rejected a bid by Kimberly McLaughlin to deny shared custody of her biological child with Suzan McLaughlin, who she was legally married to at the time of the child’s birth.

Keith Berkshire, Kimberly McLaughlin’s attorney, acknowledged to the justices that two prior rulings had said that all marriages are entitled to the same benefits.


Although the Court does not appear to have elaborated on its decision and, instead, summarily rejected the biologically based argument, I think the message is clear. Same sex couples are entitled to the same rights, benefits, and privileges attendant to marriage as heterosexual couples. Immutable characteristics such as biology are not relevant, regardless of whether an outdated statute appears to distinguish on the basis of the same.

~ Audra Petrolle

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February 2018