Same-sex marriage is a marriage between two people who identify as the same gender. For example, a woman marrying a woman or a man marrying a man is same-sex marriage.
Same-sex marriage is currently legal in all 50 states in the United States and the District of Columbia.
Additionally, a same-sex married couple may relocate from one state to another. In this case, their marriage concluded in one state would be recognized in the state to which they relocate.
Same-sex marriage is legal in all states of the U.S. per the opinion of the U.S. Supreme Court in the case of Obergefell v. Hodges.
What Is Obergefell v. Hodges: Legalizing Same-Sex Marriage?
As noted, Obergefell v. Hodges is the 2015 case in which the U.S. Supreme Court held that denying same-sex couples the fundamental right to marry violated the 14th Amendment to the United States Constitution. Thus, same-sex marriage became legal in all 50 states.
Under the 14th Amendment, all states are required to provide equal protection of the law to all of their citizens. In addition, the 14th Amendment guarantees that no person may be deprived of life, liberty, or property without due process of law.
The ruling in this case had major effects on many areas of law, most notably family law. Before this ruling, some states allowed same-sex marriage while other states provided alternatives to marriage, for example, civil unions and domestic partnerships.
The rights associated with these alternatives, however, were not consistent across every state. Additionally, certain states did not recognize the partnerships and marriages that had been formed in other states.
What Are New York’s Same-Sex Marriage Laws?
In 2011, the State of New York passed a law called “The Marriage Equality Act.” The M.E.A. legalized same-sex marriage in New York. This law became effective in July 2011.
The State of New York had previously only recognized same-sex marriages from other states and countries. This Act contains no residency requirement.
This means that same-sex couples from other states were able to travel to New York to legally marry. In addition, New York offers domestic partnerships as an option for all couples.
For more information on current laws, consult the following LegalMatch article, Ultimate Guide to Gay Marriage Laws. A local New York lawyer would be able to fully explain New York’s same-sex divorce laws and marriage laws as well.
What Rights Do Same-Sex Couples Currently Possess?
Because same-sex marriages are now currently legal throughout the nation, many of these rights are granted in every state. Legal rights that are now provided to same-sex married couples include:
Currently, a same-sex couple who marry has the same legal rights as a heterosexual married couple with regard to property. Property rights, in general, include protections for the spouses if certain life events occur, including:
- Divorce;
- Legal separation;
- Death.
Same-sex couples can now hold property together and can enjoy other property benefits that come with marriage, including resources for marital estate planning. Same-sex couples can now also be included on their spouses’ medical plans when one of the spouses obtains insurance coverage as a benefit of their employment.
Same-sex spouses can now benefit from a variety of retirement savings plans and arrangements, for example, 401(k)s. There are also federal and state tax rules from which same-sex couples can now benefit.
A surviving spouse is able to avoid both federal and state taxes in the event of the deal of one of the spouses. In addition, same-sex married couples are now covered by the Family Medical Leave Act (FMLA) with regard to employment leave for caring for sick spouses. Maternity and paternity leave provisions and benefits also apply to same-sex marriages.
Spouses in same-sex marriages also now have the legal right to visit their spouses when they are in the hospital. Another major issue with the previously inconsistent same-sex marriage laws was that the couple often could not get a divorce in their state of residence.
Divorce laws in the states now apply equally to both opposite-sex couples and same-sex couples.
What Other Rights Apply to Same-Sex Marriage?
In addition to the rights same-sex married couples have noted above, they also have rights including the following:
- Power of attorney and medical power of attorney;
- This includes the right to make emergency medical decisions on a spouse’s behalf should they become incapacitated;
- It also includes the right to enter into contracts, negotiate, and settle matters as if the person were their spouse;
- Spousal testimonial privilege;
- If a person is called to testify against their spouse in court, same-sex spouses may now be able to invoke marital privilege in order to avoid testifying against their spouse;
- Workers’ compensation rights; and
- The inheritance rights of spouses.
It is important to be aware that this may not be a comprehensive list. There also may be other legal benefits provided to same-sex married couples on the same basis they are provided to heterosexual married couples.
Are There Any Legal Rights That Are Still Unavailable to Same Sex Couples?
Legalizing same-sex marriage has given many rights and protections to same-sex married couples that were not previously available. However, there are still numerous rights and protections that are provided to heterosexual married couples that are not currently provided to homosexual married couples.
For example, the U.S. Supreme Court has ruled that a web designer in Colorado has a First Amendment right to discriminate against same-sex couples and may refuse wedding website design services to them. This is the case even though the state of Colorado has an anti-gay discrimination law.
In the case of 303 Creative L.L.C. v. Elenis, Charlie Craig, a majority of justices ruled that the First Amendment allows the designer to refuse to express views with which she disagrees. The same might apply to other businesses that provide wedding-related services.
What if There Are Any Disputes Over Same Sex Couples’ Rights?
Disputes that involve the rights of same-sex couples may be complex and often require legal assistance. This is because many states’ laws are still subject to changes and adjustments.
New court rulings may affect not just the individuals who are involved in current litigation but also other couples to follow, especially if the case sets a new precedent or guideline. Because of this issue, legal disputes and conflicts involving same-sex marriage issues should be handled with the assistance of a lawyer who can provide guidance on the most current rules and policies of the state.
Should I Consult an Attorney for Help With My Same-Sex Marriage Issue?
If you believe that you have been denied your rights to access marriage on the same basis as a heterosexual couple, you want to consult with a New York family attorney. Your lawyer can review your case, advise you of the current laws of the state, and represent you in any dispute.
It is important to keep in mind that same-sex marriage laws may be challenged. Having an attorney’s assistance can help you plan for your future and help ensure that your wishes are carried out, for example, with passing your property to your spouse or children if you pass away.
