In the aftermath of the presidential election, I have been flooded with emails and calls from couples concerned about their families and the future of marriage equality.
While it is impossible to predict the future, a few things remain true after November 5th:
Marriage equality is still the law of the land.
In 2015, the US Supreme Court ruled that the United States Constitution requires states to recognize the right of same-sex couples to marry. As a result, states and the federal government must extend the same rights and benefits to same-sex marriages as extended to heterosexual marriages. The US Supreme Court reaffirmed this decision two years later in another case, Pavan v. Smith. While it is always possible a court could reverse a prior ruling, there is no such case on the Supreme Court docket in the foreseeable future.
Even were the Supreme Court to take up such a case and reverse Obergefell at a future term, Congress enacted a measure to protect marriage equality in 2022. The Respect Marriage Act requires (1) the federal government to treat same-sex and opposite marriages the same; and (2) states to recognize same-sex marriages performed in another state. Therefore, even if the United States Supreme Court reversed its decision in Obergefell, the Respect Marriage Act would force Texas to recognize legal marriages that took place in California, for example.
The legal steps necessary to protect your family remain the same.
Regardless of the status of marriage equality, the primary legal methods of protecting your family remain the same.
Estate planning is essential. Creating a comprehensive estate plan allows you to make important personal decisions about your care and the care of your family in the event of a crisis.
If you have children together, adoption by the non-birth parent is strongly recommended even if you are married and both parents are on the birth certificate.
You can find more information on estate planning and adoption, here and here.
Questions? Contact us.
