“Under the Constitution, same-sex couples seek in marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right,”
– Justice Anthony Kennedy
In a landmark opinion, the Supreme Court ruled on Friday, June 26th, that same–sex couples can marry nationwide. In a 5-4 vote, the decision will allow married same-sex couples the same legal rights and benefits as married heterosexual couples. Prior to the historic decision, many states including D.C., recognized same-sex marriage. For the 13 states that still banned same-sex marriages, the decision puts an end to such bans.
The U.S. is now the 21st country to legalize same-sex marriage nationwide. The country has shifted in its view of same-sex marriage since the first state allowed gay couples to marry in 2004 (Massachusetts). The Supreme Court struck down part of the 1996 Defense of Marriage Act in 2013, which prevented same-sex couples whose marriages were recognized by their home state from receiving various benefits available to other married couples according to federal law.
With its most recent milestone decision, the Supreme court found that under the 14th Amendment, states must issue marriage licenses to same-sex couples that have legally been performed in other states. Justice Anthony Kennedy wrote the majority opinion and was joined by Justices Ginsburg, Kagan, Breyer and Sotomayor. The majority concluded that the right for same-sex couples to marry is protected under the 14th Amendment, citing the Equal Protection and Due Process clauses.
Prior to the decision, many same-sex couples were in limbo from a tax perspective. The constitutional right to marriage in all states means tax certainty for same-sex couples. If the couple lived in a state that did not recognize their marriage and were married out-of-state, they were afforded the federal benefits of marriage but denied the same benefits under their home state’s law. At the end of the year a same-sex married couple could file a joint federal income tax return, but not a joint state income tax return. From an estate planning perspective, the decision allows spouses to leave each other property without paying estate taxes at death. Married same-sex couples will also have the right to inherit property under a state intestacy laws if a spouse dies without a will.
From a family law perspective, the confusion of where same-sex couples can divorce is no longer an issue. Prior to the recent Supreme Court decision, same-sex couples living in states that did not legally recognize their marriages were unable to divorce. Married same-sex couples can now enjoy the same legal rights and benefits as married heterosexual couples nationwide and will be recognized on official documents such as birth and death certificates. Due to the decision, there is now a fundamental right to a divorce in every state.
Attorney Christopher Arrington represents clients in Danville and surrounding counties in family and domestic issues. Divorce can be one of the most disruptive events in a person’s life. Attorney Arrington is there to answer your questions and take on the burden of the legal process during the difficult times. If you have a family law issue or questions about divorce, please contact our office.