Same-Sex Family Law
The legal and social distinctions between same-sex marriage and opposite-sex marriage have all but disappeared. Same-sex marriage is legal across the country. There is also greater equality and acceptance for LGBTQ+ individuals and couples. Same-sex couples enjoy the same legal protections and recognition as opposite-sex couples.
This article provides an overview of same-sex marriage law in the United States. If you experience discriminatory treatment related to same-sex marriage, contact a lawyer near you for help.
Same-Sex Marriage Rights
Same-sex marriage is a marriage between two individuals of the same sex. Married same-sex couples and opposite-sex couples have the same rights, responsibilities, and legal standings. Marriage rights can affect:
- Inheritance rights
- Health care benefits
- Visitation rights
- Spousal benefits
- Adoption rights
- Other legal protections afforded to married couples
Today, same-sex marriage is legal nationwide in America. This followed the historic U.S. Supreme Court decision in Obergefell v. Hodges in 2015. This ruling declared that state bans on same-sex marriage were unconstitutional.
Since 2015, same-sex couples have enjoyed the same legal recognition and protections as opposite-sex couples across all states. This includes inheritance rights and receiving spousal benefits under federal and state laws. Federal law ensures that all states recognize marriage licenses issued in another state. Married couples have equal protection regardless of the couple’s sex.
The Respect for Marriage Act
In 2022, Congress passed the Respect for Marriage Act, and President Joe Biden signed it into law. This law protects and recognizes marriages across the nation. It ensures that all other states respect marriages legally performed in one state, essentially codifying the Obergefell decision into law. This act safeguards the civil rights of same-sex and interracial couples. Married couples get equal treatment under the law.
A key component of the Respect for Marriage Act is repealing the Defense of Marriage Act (DOMA). DOMA allowed states to refuse to recognize same-sex marriages performed under the laws of other states. The act also defined marriage at the federal level as the union between one man and one woman. All marriages, regardless of sex, get equal treatment under the law.
The Respect for Marriage Act also extended religious liberty protections. Churches and religious organizations are not forced to act contrary to their beliefs. Religious institutions are not required to provide support to solemnize or celebrate a marriage. This includes services, accommodations, advantages, facilities, goods, or privileges.
Is a Same-Sex Divorce Different?
Same-sex couples can get married in all 50 American states. These couples can also get divorced. The process for divorce is state-specific. Each state has requirements for when and how a couple can get a divorce. This includes residency requirements, waiting periods, and no-fault divorce.
Treatment is similar for same-sex divorces and opposite-sex divorces. However, there may be complications for couples who never formally marry. For example, some same-sex couples have been living together but never legally married due to a prior prohibition. If they raise a child together but never marry, courts may find that the non-biological parent is not entitled to any custody protections.
The same can happen with spousal support, alimony, or other payments commonly part of an opposite-sex marriage. Generally, you have to legally marry to get the protections of marriage. However, some states recognize common-law marriage. Common law marriage can happen when couples represent themselves as married and live together long enough.
Same-Sex Adoptions
Same-sex married couples can still face discrimination when it comes to adoption. A recent Supreme Court ruling legalized adoption for same-sex civil unions. However, there are still barriers to gay rights and adoption. Some jurisdictions allow private adoption agencies to prohibit placing children with same-sex couples. This can happen with faith-based adoption agencies.
Same-sex partners adopting a child outside of the United States may also face challenges. International adoptions require following the laws of the child’s native country. Many countries in Africa, Asia, and Eastern Europe do not have laws supporting the right of married gay and lesbian couples for adoption. If you have questions about overseas adoptions for same-sex partners, consult an adoption attorney.
Fight Discrimination With a Lawyer’s Help
The legalization of same-sex marriage in the United States has moved from illegal to domestic partnerships to same-sex marriage equality. The legal recognition of same-sex marriage reflects a broader cultural shift toward acceptance and inclusion of same-sex relationships, sexual orientation, gender identity, and transgender rights. If you experience any discrimination concerning your marriage, contact a local and experienced same-sex marriage lawyer.