ABSTRACT
This chapter looks at three battles for public recognition of private relationships: marriage, domestic partnerships, and judicial recognition of rights that help to stabilize families that are not otherwise recognized by statute. The "marriage as a fundamental right" argument will only work in state courts under state constitutions where Bowers v. Hardwick is not necessarily the law. At the same time the Hawaii courts were considering the constitutionality of Hawaii's marriage laws, a similar challenge to Vermont's marriage laws began. Many of the benefits of marriage, including the benefit of public recognition, can be obtained through domestic partner legislation. Two key family justice issues affect lesbian and gay families with children. The first issue is legal recognition of parental status for both parents. The second key family issue involving children is whether a court, in the absence of formal adoption, will recognize the right of the second parent to visit the child in the event the partner relationship ends.
