Marriage Equality in the Aftermath of the Trump Election

A number of people have expressed concern about the future of marriage equality following Trump’s election. According to the civil rights group, NCLR, “there is no realistic possibility that anyone’s marriage will be invalidated.”

The organization further explained: “For individuals who are not currently married but who may wish to marry in the future, it is also highly unlikely that the fundamental right of same-sex couples to marry will be challenged or that the Supreme Court would revisit its 2015 holding that same-sex couples have that fundamental right….The doctrine of stare decisis—which means that courts generally will respect and follow their own prior rulings—is strong, and the Supreme Court rarely overturns an important constitutional ruling so soon after issuing it…In short, undoing marriage equality would be extremely difficult.”

While marriage equality remains secure, second-parent adoption is vitally important for a non-birth parent. Remember, the marital relationship and the parent-child relationship are two distinct legal entities. Even if both parents are on the birth certificate, an adoption or parentage order is necessary to secure the legal parent-child relationship with the non-birth parent. You can find additional information here.

Questions? Feel free to contact me.

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