Archive for the ‘Of Interest to General Public’ Category

Can someone be too demented to consent to sex with a spouse?

There’s an interesting, and quite disturbing, article in the April 14, 2015 New York Times regarding the upcoming trial of Henry Rayhons, a now-former Iowa State Representative who is “charged with third-degree felony sexual abuse, accused of having sex with his wife in a nursing home on May 23, 2014, eight days after staff members […]

Why do mothers (more typically) get custody?

A college student, interested in a career in family law, interviewed me earlier this week for a school project. Mostly he asked questions related to family law and one of his questions expressed a common assumption: Why do mothers get custody? This isn’t an inaccurate assumption. Mothers get custody more often than fathers–although not nearly […]

Eating our seed corn

Two recent news stories, one local and one national, highlight just how badly our society is doing caring for the majority of our children, especially our neediest children. Locally, on January 12, 2015, national advocacy organization Children’s Rights, the South Carolina Appleseed Legal Justice Center and Matthew T. Richardson, partner at the South Carolina law […]

What I’ve learned after twenty-five years of marriage (or, if you expect your spouse’s farts to smell like roses, you are going to be upset)[1]

My wife and I celebrate our 25th anniversary today. Thanks to a family law practice that exceeded my expectations in personal, professional and financial success, we will be able to celebrate in grand style. The irony that this success is predicated upon the inability of others to sustain their most important familial relationships is something […]

It only took forty-five days

When, on October 6, 2014, in Rainey v. Bostic, 135 S.Ct. 286 (2014), the United States Supreme Court denied Virginia’s petition for certiorari in Bostic v. Schaefer, 760 F. 3d 352 (4th Cir. 2014), I predicted “it is only a matter of time–possibly even days–before South Carolina’s ban [on same sex marriages] is found unconstitutional.” Within […]

On the wrong side of history again

Bowing to the inevitable, North Carolina has authorized same sex marriage, leaving South Carolina the last remaining state of the Fourth Circuit to bar such marriages. Today U.S. District Judge Max Cogburn of Asheville struck down the state’s laws restricting marriage to a man and a woman. North Carolina Governor Pat McCrory said the state […]

We could have been more progressive than West Virginia…but no!

Yesterday, October 9, 2014, in an order from State ex rel. Wilson v. Condon, 410 S.C. 331, 764 S.E.2d 247 (2014), the South Carolina Supreme Court issued a stay preventing county probate judges from issuing marriage licenses to same sex couples pending a decision by United States District Court Judge J. Michelle Childs in Bradacs v. Haley, […]

South Carolina likely to be compelled to allow same sex marriage

Today the United States Supreme Court decided to let stand a Fourth Circuit Court of Appeals decision finding Virginia’s ban on same sex marriage unconstitutional. The Fourth Circuit Court of Appeals put its decision into effect immediately and same sex marriages are already taking place in Virginia. This means it is likely inevitable that all […]