Protecting Your Family if Obergefell is Overturned
Kim Davis is at it again, and this time the Supreme Court is poised to actually give this troll another crack at upending the lives of so many people in the LGBTQ+ community. On November 7th, the United States Supreme Court will decide whether to entertain her petition to the Court. This does not mean there will be argument on November 7th regarding Davis' petition. The Court receives about 7,000+ requests to hear cases every session. This will simply determine whether the Court will hear the petition. Despite this, given the current political climate and statements from sitting Justices, we can't sit idly by and hope and pray the Court will preserve Obergefell.
It is hard to imagine losing marriage equality, but conversations about the possible overturning of Obergefell v. Hodges are real. While it is unlikely that marriages already performed would be invalidated, the risk is that future same-sex marriages could once again be left to the states.
If that happens, married couples may stay married but could lose federal recognition and with it more than a thousand federal benefits tied to marriage, including Social Security, joint tax filing, and spousal survivor rights.
The good news is that estate planning can still protect you, your partner, and your family, no matter what happens.
Powers of Attorney and Health Care Directives give your partner the legal right to handle your finances and make medical decisions if you are incapacitated.
Wills and Trusts ensure that your property and assets go to the people you choose.
Guardianship Nominations protect your children and can safeguard non-biological parents from losing rights if state laws change.
For same-sex parents, confirming legal parentage through a second-parent or confirmatory adoption remains one of the most important steps you can take. These extra protections mean that your family relationships do not depend on the state recognizing your marriage. If you need support in confirming parentage of your kids, please reach out. We have fantastic resources in California to support you.
If Obergefell falls, LGBTQ+ families will need to rely on documents, not marital presumptions, to secure what marriage once guaranteed.
Now is the time to get your estate plan in order. The law may change, but your right to protect your family should not.
