Key Takeaways From the Supreme Court’s Gay Marriage Ruling

Key Takeaways From the Supreme Court’s Gay Marriage Ruling

On June 26, 2015 the U.S. Supreme Court ruled that states can no longer ban gay marriage, making it the 26^th nation to legalize same-sex marriage. It granted nationwide rights and protections for gay and lesbian marriages. Here are the key takeaways from the Supreme Court’s decision.

1. Same-sex couples will be able to legally marry in all 50 states and all territories. Prior to the decision 37 states had legalized same-sex marriage, while 13 states had laws expressly denying the privilege.
2. Marriages performed in one state will now be recognized in all states.
3. The ruling grants married same-sex couples the same tax and Social Security rights that opposite-sex couples currently enjoy. Couples may file their taxes jointly at both the state and federal level and enjoy spousal and survival benefits from Social Security.
4. Spouses will enjoy the same coverage under an employer’s health insurance plan regardless of gender.
5. Partners can be listed on birth and death certificates. This means when a child is born to one parent the spouse can also be listed as a parent on the birth certificate. In the death of one parent, the surviving parent will remain the child’s legal guardian. It also has ramifications for the surviving partner after the death of their spouse.
6. Upon the death of their partner and in the absence of a will, the surviving same-sex spouse will inherit property in the same way that an opposite-sex partner would.
7. They can legally adopt children, with both parents listed as legal guardians. Again, if one parent passes away the other will continue to be the recognized as the children’s parent.
8. Spouses will be able to visit one another in the hospital and make medical decisions for one another if it becomes necessary to do so.
9. Couples will be able to get a divorce in any state, regardless of where their marriage was performed.

Now, gays and lesbians who marry but later decide to divorce or legally separate will be able to avoid the hostility and tension that is sure to ensue when two separate adversarial lawyers are retained. They will also be able to avoid the substantial lawyers’ fees typical of court-based proceedings. Just as so many straight divorcing or legally separating couples have realized the great benefits of mediation, gay and lesbian couples will be able to and cooperatively mediate the division of their property, allocation of their debts, any child-related matters as well as any spousal support issues – saving themselves a lot of time, money and aggravation.