Core Rights and Protections for Married LGBTQ+ Couples
As a same-sex married couple, you now have access to a wide range of rights and protections under federal law. Here are some of the key areas where your same-sex marriage benefits might make a difference:
Tax and Financial Benefits
When it comes to taxes and finances, being married can make a big difference. As a same-sex married couple, you can now file joint federal tax returns and claim spousal tax credits and deductions.
If your spouse passes away, you can inherit their property without paying federal estate taxes. You may also be eligible for Social Security survivor’s benefits.
Healthcare and Family Leave Rights
Marriage also impacts your healthcare rights. You can now get coverage under your spouse’s health insurance plan and make medical decisions for them if they are incapacitated.
If your spouse becomes seriously ill, you have the right to take family leave to care for them under the Family and Medical Leave Act (FMLA). You also have hospital visitation rights.
Immigration Rights
If you are a U.S. citizen and your spouse is from another country, your marriage can help them gain legal status. You can sponsor your spouse for a green card and eventually apply for their citizenship.
Parenting Rights
As a married same-sex couple, you now have equal parenting rights. This means you can adopt children together and both be recognized as legal parents.
If you have children born during the marriage, you are both presumed to be their legal parents. In the event of a divorce, you would have the same custody and visitation rights as any other married couple.
Divorce and Property Division
While no one wants to think about divorce when they get married, it’s important to know that you have the same protections as opposite-sex couples if your marriage does end. This includes the right to an equitable division of property, alimony or spousal support if you qualify, and the recognition of any prenuptial agreements.
While this is not an exhaustive list, it gives you an idea of the scope of protections now available to same-sex married couples.
What Are the Same-Sex Marriage Laws by State?
There were a number of states in the U.S. that recognized same-sex marriages prior to the 2015 supreme court decision legalizing same-sex marriage nationwide. Other states had banned same-sex marriages, which is now considered unconstitutional.
Even though same-sex marriage is currently a federally protected right in the United States, that right may be changed or updated at a future time. Laws are commonly challenged by states and are often updated when there are changes in presidential administrations.
Because laws can change at the state level and at the federal level, it is very important to have help from a lawyer to make sure a same-sex couple has the most up-to-date legal information for their question or legal issue. To help understand the possible differences in state laws, it may be helpful to see some various examples:
- California: Has a statute that recognizes same-sex marriage, civil unions, and domestic partnerships
- Florida: Has a statute that prohibits same-sex marriage
- Georgia: Has a statute that prohibits same-sex marriage
- Nevada: Has a statute that recognizes same-sex marriage, civil unions, and domestic partnerships
- New York: Has a statue that recognizes same-sex marriage only
- Texas: Has a statute prohibiting same-sex marriage, civil unions, and domestic partnerships
Why Is It Important to Be Familiar With State Same-Sex Marriage Laws?
It is important to have some familiarity with state same-sex marriage laws, that they do exist, and that they may all be different because there are some states, which include Oklahoma and Texas, that are challenging the legality of same-sex marriage. These challenges mean that there may be a change to the 2015 Supreme Court ruling that legalized same-sex marriage at some point in the future.
If that does occur and the ruling is overturned, all of the various same-sex marriage laws across the nation would apply again. The federal Respect for Marriage Act, however, would still apply. This means that states would still be required to recognize those legal same-sex marriages that were already in existence.
Each state would then be allowed to decide whether it would issue licenses for same-sex marriages going forward. Because of the many different possibilities for future changes and updates at the state and federal levels, it is essential to have assistance from an attorney for any same-sex marriage concerns.
How to Seek Legal Support for Same-Sex Couples
Even with these protections in place, you may still encounter situations where you need legal assistance to assert your legal rights as a same-sex couple. This section will cover when it’s important to consult with an attorney and how to find lawyers with experience handling LGBTQ+-related issues.
When to Consult a Lawyer?
There are a number of scenarios where it’s particularly important for same-sex couples to seek legal counsel. If you encounter discrimination in employment, housing, or public accommodations, a lawyer can help you understand your rights and take action. If you and your spouse are navigating the immigration process, an attorney can be invaluable in ensuring everything goes smoothly.
Other situations where legal assistance is often needed include:
- Establishing parental rights (especially for non-biological children)
- Navigating a divorce with complex assets or child custody issues
- Estate planning to protect your spouse and ensure your wishes are carried out
- Fighting denied health insurance claims or family leave
Finding the Right Lawyer
When looking for a lawyer, it’s important to find someone who has specific experience working with LGBTQ+ marriage rights and understands the nuances of issues that can arise.
Online matching services like LegalMatch can also be helpful. LegalMatch allows you to describe your case and connect with attorneys who have relevant experience with gay marriage rights in the U.S. and are interested in taking on your case.
When you have some potential attorneys identified, set up consultations to find the right fit. Look for someone you feel comfortable opening up to and who demonstrates both legal knowledge and experience with LGBTQ+ issues.
Recognizing and Combating LGBTQ+ Discrimination in Marriage
Despite the legal protections now in place, discrimination against same-sex married couples still occurs. This section covers how to spot discrimination and what steps you can take if you have legal issues.
Legal Protections Against Discrimination
There are a number of federal and state laws that prohibit discrimination based on sexual orientation and gender identity. These include Title VII of the Civil Rights Act for employment, the Fair Housing Act for housing, the Equal Credit Opportunity Act for credit and lending, and the Affordable Care Act for healthcare. Many states and localities also have their own nondiscrimination ordinances.
If you believe you have been discriminated against in one of these areas, you may have grounds for a legal complaint. Documenting any instances of discrimination, including saving emails, taking notes on conversations, and keeping a timeline of events can be helpful for making your case.
Taking Action Against Discrimination
If you have experienced discrimination, there are several steps you can take. First, you can file a complaint with the relevant government agency, such as the Equal Employment Opportunity Commission (EEOC) for workplace discrimination or the Department of Housing and Urban Development (HUD) for housing discrimination.
You may also want to consult with a civil rights attorney to discuss your civil rights in same-sex marriages. They can advise you on whether you have a strong case and represent you in any legal proceedings.
Remember, you have the right to be treated equally and with respect. Don’t hesitate to stand up for yourself and seek help from a civil rights lawyer through LegalMatch if you need it.
The Evolution of Same-Sex Marriage Rights in the U.S.
Here is a brief overview of some of the key moments in the history of same-sex marriage rights in the U.S.:
In 1996, the Defense of Marriage Act (DOMA) was passed, which defined marriage as between a man and a woman for federal purposes and allowed states to refuse to recognize same-sex marriages performed in other states. This created many hurdles and inequalities for same-sex couples.
In 2003, Massachusetts became the first state to legalize same-sex marriage. Over the next decade, multiple other states followed suit, either through legislation, court rulings, or voter referendums.
In 2013, the Supreme Court struck down key parts of DOMA, requiring the federal government to recognize same-sex marriages performed in states where it was legal.
Then, in 2015, the landmark Obergefell v. Hodges Supreme Court decision made same-sex marriage legal nationwide. This still left some gaps in protection.
In 2022, the Respect for Marriage Act was passed, codifying federal protections for same-sex marriages and requiring all states to recognize marriages performed elsewhere.
These changes have resulted in significant changes to marriage laws.
Alternatives to Marriage for LGBTQ+ Couples
Marriage isn’t the right choice for every couple, regardless of sexual orientation. For LGBTQ+ couples who want legal recognition of their relationship without getting married, there are a few options available in some states.
Legal Alternatives to Marriage
Civil Unions and Domestic Partnerships are non-marital legal statuses that provide some of the rights and responsibilities of marriage. However, they do not provide all the same federal protections as marriage, and they are not available or recognized in all states.
In some states, couples can establish a common law marriage by living together and presenting themselves as married for a certain period of time, without having a formal ceremony or license. However, the rules vary widely by state.
It’s important to understand that while these alternatives provide some legal recognition, they are not equivalent to marriage in terms of the rights and protections afforded. If marriage is not the right choice for you, it’s a good idea to consult with a lawyer about the best way to protect your relationship and assets in your particular situation.
LegalMatch Can Connect You With an LGBTQ+ Attorney
Although the Respect for Marriage Act provided same-sex couples with federal recognition and a wide-range of protections, they may still face discrimination. It is important for LGBTQ+ individuals and couples to be aware of their rights and how they can advocate for themselves.
If you need any help understanding your rights or are facing any type of discrimination based on your LGBTQ+ status, you should not hesitate to seek legal help. LegalMatch can connect you with LGBT attorneys who understand the unique challenges and needs of LGBTQ+ clients.
If you have just 15 minutes, you can take advantage of the free lawyer matching services that LegalMatch provides today and find a LGBT lawyer in your area who can help you resolve any issues or concerns you have about same-sex marriage.
After you complete the online submission process, you will get messages from local LGBT attorneys that include their education information, fees, and previous client reviews. Because some member lawyers even offer free initial consultations, there’s a good chance you can speak with several LegalMatch lawyers at no cost, so get started today.
