SAME-SEX MARRIAGE AND DIVORCE: A PROPOSAL FOR CHILD CUSTODY MEDIATION*

Same-sex marriage is a contentious, politically charged issue full of diverse, complicated considerations. In 2003, Massachusetts joined the list of jurisdictions to legalize same-sex marriage, the first in the U.S. Now that same-sex couples can marry in particular international jurisdictions, governments must address how to sensitively allow these couples to divorce. Same-sex couples have a unique set of needs and issues, most clearly demonstrated if children are involved in the marriage. This Note argues for the creation of mediation programs in American jurisdictions with same-sex marriage, to specifically determine child custody agreements upon divorce.