Anxieties about the future of marriage equality are high in light of a recent request to the Supreme Court to revisit its landmark ruling in Obergefell v. Hodges, which found that same-sex couples have a constitutional right to marry. Whether the high court opts to take up the request is as of yet unknown.
What does this mean for you?
Marriage equality has been law since the United States Supreme Court ruling in Obergefell v. Hodges in 2015. In Texas, this meant that the state could no longer prohibit same-sex marriages.
In 2022, Congress passed the Respect for Marriage Act to reinforce the Obergefell decision. The law protects federal recognition of same-sex marriages and requires states to grant full faith and credit to same-sex marriages performed out of state. Thus, in the unlikely event that the Supreme Court revisits and overturns Obergefell, states would decide for themselves whether to recognize marriage equality. The Respect for Marriage Act requires Texas, should it decide not to recognize all marriages, to grant full legal recognition to same-sex marriages performed in states in which it is legal. Thus, for example, a same-sex marriage performed in California must be respected by Texas.
Estate Planning
Marriage equality is still the law of the land. This means that Texas must extend all the same legal rights and protections to all marriages. If the Supreme Court were to take up the challenge and then rule to overturn Obergefell, planning to protect your family would be much the same as before marriage equality.
With this in mind, to protect you and your partner/spouse, a few things are consistently necessary.
- If you have children with your partner/spouse, obtaining an adoption order that secures the parent-child relationship between the non-biological parent and the child.
- Estate planning with Wills and Powers of Attorney to ensure you and your partner’s right to inherit from each other is intact and you can care for each other in the event of a crisis.
- A revocable living trust in addition to a Will may be an appropriate option depending on your circumstances.
Estate planning is incredibly important whether or not you are married. If you do not create an estate plan for yourself, Texas will create one for you — and it might not be the plan you want.
Questions? Contact us.
