Tuesday, June 21, 2016

One year (almost) post-Obergefell and states are still unsure which laws to enforce

The Obergefell decision made same gender marriage legal in all states. But what about issues like divorce, death of a same-gender spouse, and so on? 

 Obergefell didn’t foreclose debate on the multitude of legal issues that arise from marriage.
“I felt that once there was some U.S. Supreme Court case or national recognition of marriage that didn’t have any loopholes, everything would be fixed,” Stanley recalls. “But Obergefell didn’t change the fact that existing relationships have been through a roller coaster of legal possibilities, and all those things are playing into cases at dissolution time.”

It’s not just during breakups that these issues are emerging. They’re surfacing when babies are born or adopted, when spouses pass away, and when all the other life events that affect families take place.

Article here (via aba journal). 

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