What’s Not the Matter with Kansas: State Supreme Court Broadly Recognizes the Rights of Lesbian Co-Parents

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the Kansas Supreme Court holding that a woman who conceives through artificial insemination and her same-sex partner can both be deemed the legal parents of any resulting child born during their relationship under the Kansas Parentage Act, even if the couple has not entered into a co-parenting agreement. Grossman explains the facts of the case and the court’s reasoning, and she explains why the court effectively balanced the rights and interests of the two women.

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United States v. Bobal

Docket: 19-10678

Opinion Date: November 30, 2020

Judge: William Holcombe Pryor, Jr.

Areas of Law: Criminal Law

The Eleventh Circuit affirmed defendant's conviction for attempting to persuade a minor to engage in sexual activity and committing a felony involving a minor while required to register as a sex offender. The court concluded that the district court correctly denied defendant's motion for a new trial where neither of the prosecutor's two statements at closing were improper. Even if the statements were improper, the district court cured the problem. The court also held that a restriction on computer usage as a special condition of a lifetime term of supervised release is not plainly unconstitutional. Furthermore, Packingham v. North Carolina, 137 S. Ct. 1730 (2017), was distinguishable from this case because defendant's computer restriction does not extend beyond his term of supervised release. Rather, it is tailored to defendant's offense and he can obtain the district court's approval to use a computer for permissible reasons.

Alfaro-Garcia v. U.S. Attorney General

Docket: 19-12068

Opinion Date: November 30, 2020

Judge: Lagoa

Areas of Law: Immigration Law

The Eleventh Circuit denied a petition for review of the BIA's final order affirming the IJ's denial of petitioner's motion to reopen his removal proceedings. Petitioner argued that the BIA's decision conflicts with his statutory right under 8 U.S.C. 1229a(c)(7) to "file one motion to reopen proceedings." However, 8 U.S.C. 1231(a)(5) provides that if an alien illegally reenters the United States after having been removed, "the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed" and the alien "is not eligible and may not apply for any relief under this chapter." The court joined the Fifth, Seventh, and Ninth Circuits in concluding that the plain language of section 1231(a)(5) bars the reopening of a reinstated removal order following an alien's unlawful reentry into the United States. The court concluded that the facts of this case place petitioner squarely within the terms of section 1231(a)(5), and petitioner forfeited his statutory right to file a motion to reopen his removal proceedings when he illegally reentered the United States.