词条 | Braschi v. Stahl Associates Co. |
释义 |
The litigant, Miguel Braschi, had been in a long-term relationship and lived with his partner Leslie Blanchard, who rented an apartment on East 54th Street in Manhattan.[2] Blanchard had died of AIDS in 1986—Braschi had been a dutiful caregiver during his partner's illness and a loving partner of over ten years.[3] Under Section 2204.6(d) of New York state's Rent and Eviction Regulations, eviction of a "surviving spouse or family members" is prohibited. Braschi argued that this applied to his relationship with his deceased partner.[2] The Appellate Division court rejected this and argued that "homosexuals cannot yet legally marry or enter into legally recognized relationships", and that the Rent and Eviction Regulations were intended to provide protection to those in "traditional, legally recognized familial relationships".[2] In a subsequent appeal, the court found that a "more realistic, and certainly equally valid, view of a family includes two adult lifetime partners whose relationship is long term and characterized by an emotional and financial commitment and interdependence". Application of this standard allowed Braschi to be considered a family member and prevented his eviction from the apartment.[4] The decision represents the first time a court in the United States granted any kind of legal recognition to a same-sex couple.[5] Impact and legacyLegal scholar Carlos A. Ball, in his legal history text, From the Closet to the Courtroom, devoted an entire chapter to the Baschi case, highlighting its importance for several reasons:
See also
References1. ^Braschi v. Stahl Associates Co., 543 N.E.2d 49 (N.Y. 1989). 2. ^1 2 {{cite journal |title=We Are Family? |work=ABA Journal |url=https://books.google.com/books?id=XZafGl4vhmYC&pg=PA96 |date=1 November 1988 |publisher=American Bar Association |page=96 |issn=0747-0088}} 3. ^{{cite book |author1=Panel on Monitoring the Social Impact of the AIDS Epidemic |author2=National Research Council |author3=Division of Behavioral and Social Sciences and Education |others=Commission on Behavioral and Social Sciences and Education |title=The Social Impact of AIDS in the United States |url=https://books.google.com/books?id=h_udx9hESKgC&pg=PT247 |date=1 January 1993 |publisher=National Academies Press |isbn=978-0-309-04628-2 |page=247}} 4. ^{{cite book |author=Mark Philip Strasser |title=Legally Wed: Same-sex Marriage and the Constitution |url=https://books.google.com/books?id=D-KxISCCLXYC&pg=PA17 |year=1997 |publisher=Cornell University Press |isbn=0-8014-8429-4 |page=17}} 5. ^{{cite book |author1=Robert Wintemute |author2=Mads Tønnesson Andenæs |title=Legal Recognition of Same-sex Partnerships: A Study of National, European and International Law |url=https://books.google.com/books?id=0X68zQSoWGgC&pg=PA139 |year=2001 |publisher=Hart Publishing |isbn=978-1-84113-138-2 |pages=139–140}} Books
8 : United States LGBT rights case law|1989 in United States case law|New York Court of Appeals|New York Supreme Court cases|New York (state) state case law|1989 in New York (state)|United States same-sex union case law|Law articles needing an infobox |
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