Law Offices of James V. Sansone
Schedule an initial consultation
Santa Rosa 707-623-1875
Ukiah 707-993-4068

Father and Son Fight for the Right to Marry

635824401793519435-948903896_just-married-jpg-thumb-275x209-96888.jpgI know what you're thinking: "Now I've heard everything." Am I right?

Well, keep reading because the headlines in this story don't depict the unusual circumstances of this case.

The father and son are gay men who are unrelated by blood. These are the not so unusual facts in this case.

Adoptions Were Fairly Common Before Decision Allowing Gay Marriage

Before the U.S. Supreme Court struck down bans on same-sex marriage, Nino Esposito adopted his partner Roland Drew Bosee so they could become a family unit with all the benefits laws provide.

In addition, at the time of the adoption Esposito and Bosee sought to reduce Pennsylvania's inheritance tax payable upon the death of one of the men from 15% to 4%.

At the time of the adoption, they'd been a couple for more than 40 years - clearly longer than numerous heterosexual couples manage to stay together.

After the Supreme Court's decision, the two men began to rethink their decision. Why live as father and son when they could more correctly live as a married couple?

Men Face Legal Hurdle in Quest to Marry

Unfortunately, they've run into a roadblock. A state court judge rejected their request to nullify the adoption. The judge based his ruling on a law that says adoptions can only be annulled if fraud occurred.

The men's idea to go through the adoption process is not an uncommon practice. The ACLU of Pennsylvania said many couples in states across the country have opted for adoption in an effort to protect their relationships.

But to take advantage of the right to get married now, they must first annul the adoption. This isn't as easy as it may seem.

Attorneys who represent Esposito and Bosee seek support from Justice Department to see whether the two men might have a civil rights issue in the case.

Kim Davis Isn't Alone in Her Resistance

While Kim Davis has received her share of publicity since refusing to issue a marriage license, she isn't entirely alone.

In most areas of the country, county clerks have complied with the fairly new decision that allows same-sex marriages.

But there have been pockets of resistance, especially from judges and officials in the South. These officials often cite religious objections and do what they can to avoid issuing marriage licenses to gay couples.

It will be interesting to see how their continued resistance plays out in the courts.

No Comments

Leave a comment
Comment Information

Reviews For Our Office
in Ukiah, CA

powered by BirdEye

Reviews For Our Office
in Santa Rosa, CA

powered by BirdEye
Email Us For A Response

Request A Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Santa Rosa Office
1260 N. Dutton Avenue, Suite 239
Santa Rosa, CA 95401

Toll Free: 800-836-1298
Phone: 707-623-1875
Santa Rosa Law Office Map

Ukiah Office
215 W. Standley St.
Suite 10
Ukiah, CA 95482

Toll Free: 800-836-1298
Map & Directions