Solo practice in Austin, TX
Stephen McNally is a solo attorney who has won civil rights appeals overturning discrimination based on gender or “illegitimacy” while helping expand intermediate scrutiny under the 14th Amendment Equal Protection to a standard more accurately now called “exacting scrutiny.” His cases include:
Reed v. Campbell, 476 U.S. 852, (United States Supreme Court), (1986).
https://supreme.justia.com/cases/federal/us/476/852/
Dickson v. Simpson, (807 S.W.2d 726, Texas Supreme Court), (Tex. 1991).
https://www.courtlistener.com/opinion/1665245/dickson-v-simpson/
In Re Estate of Chavana, (993 S.W.2d 311, Texas Court of Appeals), (Tex. App. - San Antonio, 1999, n.w.h.)
https://www.courtlistener.com/opinion/1763315/in-re-estate-of-chavana/
Mr. McNally initiated and collaborated with the Reporter in drafting a key comment for inclusion in the Uniform Parentage Act, making clear that proof of paternity is tried by preponderance of the evidence. This is a final step aligning the UPA with equal justice for non marital children. Previously, they allowed no father child relationship, and denied access to court to present their proof of paternity. After this was struck down, they were still burdened in many states by legal fatherlessness unless their proof was found to be beyond a reasonable doubt or still later, by clear and convincing evidence. With the inclusion of this comment, proof will be by a preponderance in states adopting the UPC and other states reaching the same conclusion independently like the Chavana case in Texas. The wide adoption of the preponderance standard undercuts any later attempts to apply a more burdensome discriminatory standard.
Mr. McNally has been practicing law in Austin, Texas since 1975.
Bar #: 13815800
Education: J. D., University of Texas at Austin
Solo practice in Austin, TX
Stephen McNally is a solo attorney who has won civil rights appeals overturning discrimination based on gender or “illegitimacy” while helping expand intermediate scrutiny under the 14th Amendment Equal Protection to a standard more accurately now called “exacting scrutiny.” His cases include:
Reed v. Campbell, 476 U.S. 852, (United States Supreme Court), (1986). https://supreme.justia.com/cases/federal/us/476/852/
Dickson v. Simpson, (807 S.W.2d 726, Texas Supreme Court), (Tex. 1991). https://www.courtlistener.com/opinion/1665245/dickson-v-simpson/
In Re Estate of Chavana, (993 S.W.2d 311, Texas Court of Appeals), (Tex. App. - San Antonio, 1999, n.w.h.) https://www.courtlistener.com/opinion/1763315/in-re-estate-of-chavana/
Mr. McNally initiated and collaborated with the Reporter in drafting a key comment for inclusion in the Uniform Parentage Act, making clear that proof of paternity is tried by preponderance of the evidence. This is a final step aligning the UPA with equal justice for non marital children. Previously, they allowed no father child relationship, and denied access to court to present their proof of paternity. After this was struck down, they were still burdened in many states by legal fatherlessness unless their proof was found to be beyond a reasonable doubt or still later, by clear and convincing evidence. With the inclusion of this comment, proof will be by a preponderance in states adopting the UPC and other states reaching the same conclusion independently like the Chavana case in Texas. The wide adoption of the preponderance standard undercuts any later attempts to apply a more burdensome discriminatory standard.
Mr. McNally has been practicing law in Austin, Texas since 1975.
Bar #: 13815800
Education: J. D., University of Texas at Austin
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